Tenant Wins Motion to Set Aside Eviction Order in 1000168055 Ontario Inc v Bodne: 1000168055 Ontario Inc v Bodne 2023
Tenant in Brantford successfully sets aside eviction order, previous order remains in effect
Summarized by RentZenLast updated: September 12, 2024
Case Summary
3 Sixth Ave, Brantford, ON N3S1B1
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2023
Hearing Date
May 2023
Order Date
Jul 21, 2023
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant. The application was resolved by order LTB-L-014139-23, issued on January 23, 2023, without a hearing. The Tenant filed a motion to set aside order LTB-L-014139-23.
Determinations
- Tenant's request to set aside order LTB-L-014139-23 is granted
- Order LTB-L-028863-22 remains in effect
- Landlord's witnesses did not directly observe Tenant throwing cat litter
- Landlord's evidence was insufficient to conclude Tenant breached order
Case Study
The evidence provided by the Landlord's witnesses was not sufficient to conclude that the Tenant threw cat litter over the balcony, which was the only breach determined in order LTB-L-014139-23. The Landlord's witnesses did not directly observe the Tenant throwing the cat litter, and the video evidence was deleted. Given the circumstances, it would not be unfair to set aside order LTB-L-014139-23.
Arguments and Actions
Tenant
Actions
Tenant denied throwing garbage over the balcony and said she stopped throwing garbage over the balcony pursuant to the previous Board order.
Decision Summary
The Tenant's motion to set aside order LTB-L-014139-23 is granted. Order LTB-L-028863-22 is restored and remains in effect.
Reason for Eviction Relief
Insufficient evidence to conclude Tenant breached previous order
Adjudicator Details
LTB Member
Total Orders
253
Landlord Favorable
85.8%
Tenant Favorable
8.3%
Mutual Agreement
5.9%
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