Theis v Harding

Tenant wins · Orillia · 2025-08-25

Adjudicator

Karen Gonçalves

Dispute

Damage to Property, Substantial Interference, Utilities

Landlord

S.T.

Tenant

L.H., R.D.

Landlord rep

Howard Tavroges

What happened

The Landlord applied for costs related to damages, utility arrears, and substantial interference with reasonable enjoyment. An initial order was issued in favor of the Landlord. Tenant 1 requested a review, arguing he was merely a co-signer and not a resident tenant. The LTB Member determined that while both individuals on the lease were indeed tenants, the Landlord deliberately named only one of them in the application. This was found to be procedurally unfair, leading to the cancellation of the previous order and dismissal of the Landlord's application.

The ruling

The request to review the previous order is granted. Order LTB-L-033621-24 is cancelled and cannot be enforced. The Landlord's application for damages, utilities, and costs is dismissed because the Landlord procedurally erred by deliberately failing to name all known tenants in the application.