Evictly

Vizacha Ontario Inc. v Da Silva

Landlord wins · Egbert · 2025-08-21

Adjudicator
Vicky Liu
Dispute
Non-payment of Rent, Personal Use, Renovation, Major Repairs
Notice
Non-payment of rent (N4), Personal use (N12), Renovation (N13)
Landlord
Vizacha Ontario Inc.
Tenant
R.D.S., S.L.
Landlord rep
Charlene Lewin

What happened

The Landlord applied to terminate the tenancy based on good faith requirement for residential occupation, major repairs/renovations, and non-payment of rent. An initial order was issued in the Landlord's favor after the Tenants failed to attend the hearing. Tenant 2 requested a review of the order, claiming they never received the Notice of Hearing and were unaware of the proceedings until a separate conference occurred. The Landlord opposed the review, providing evidence of courier delivery and noting that the Board's mailings were not returned.

The ruling

The Tenant's request for a review of the eviction order was denied because the Board found the Tenants were properly served with the Notice of Hearing and failed to attend due to a lack of diligence. The original order for termination and eviction remains in place; however, the stay of that order is extended until September 30, 2025, to provide the Tenants time to relocate.