W** Li Feng v G***** Luganov
Last updated: July 26, 2024
Order
Ordered by Sandra Macchione,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: W** Li Feng v G***** Luganov, 2021 CanLII 148218 (ON LTB)
File Number: TNL-28653-20-RV
Timeline
Application Date
Jul 2020
Hearing Date
Apr 2021
Order Date
Nov 15, 2021
Decision
The request to review the order terminating the tenancy and evicting the Tenant for non-payment of rent was denied. The original order issued on July 5, 2021 is confirmed and remains unchanged.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears.
Determinations
- Tenant indicated his brother manages the tenancy and pays rent
- Tenant claimed he did not understand the Notice of Hearing due to language barrier and could not participate in the hearing
- Tenant claimed the order contained a serious error in rent calculations
- Tenant and Occupant's testimony had discrepancies, Tenant not found credible
- Tenant had adequate opportunity to participate in the original hearing
- Tenant did not provide evidence to contradict the rent calculations
- Rent of $2,850 per month was not shown to be unlawful
- Review hearing is not an opportunity to re-argue the case
Landlord's Arguments
Tenant's Arguments
Arguments
Tenant argued there was a serious error in the rent calculations.
Actions and Evidence
Tenant claimed he did not understand the hearing notice and could not participate due to language barrier and lack of computer access.
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