Application by Landlord to evict tenant without prior warning

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xaviercool

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Hi everyone,
I really need some help for this. In October, my brother went to pay the rent as usual with his cheque at MetCap Living management (Toronto). The cheque was accepted initially but was rejected few days later saying that only the tenant cant pay by cheques. My brother was confused and went back to the management and told them he was the one paying the rent all along and asked them to double check the situation. The cheque was taken once again and a week later, it was returned again, saying that only tenants can pay the rent. So I fished out my lease agreement and realised that I am the tenant and my brother was the occupant. It was already more than 2weeks into the month by that time. I was having midterms so I told the management that I will try to get the cheque soon. So I found a day when I was free to go to the bank and order a cheque book. The bank told me that it would be sent to me in 2 week's time. Eventually I recevied the cheque and paid the rent on the last day of the month.
Soon after, I recevied a mail in my mailbox saying the landlord filed an application to evict me because I did not pay my rent. I thought it was a warning but no, it was an actual application already filed. I had to pay the rent (which i already did by then) and a $170 application fee for the landlord's application fee if I do not want to go to the hearing.
I thought it was unfair because through out the whole incident, I was not given a warning or a termination date that I would be at risk of eviction. I have never even heard of such an eviction application by the landlord in my life. I went to the government website to check out such cases
and indeed, It says that I was supposed to receive a termination date in a notice before I could be charged. Right now i want to see if I should fight for the case because I am a poor student and do not have adequate financial support to spare for such cases. The landlord said I will have to pay $330 if I lose the case, and I am not even sure how she came up with that amount.
Right now I am afraid they might make up some evidence saying I have received a letter of warning with a termination date on it. Because I did not receive it does not mean that they can not claim that I did. That is the only worry I have. What should I do now?

Xavier
 
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