111 Whitburn Holdings Ltd v Joel Dean Jude Constance
Last updated: July 22, 2024
Order
Ordered by Sonia Anwar-Ali,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
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Citation: 111 Whitburn Holdings Ltd v Joel Dean Jude Constance, 2022 CanLII 118676 (ON LTB)
File Number: TNL-35809-21-SA
Timeline
Application Date (Estimate)
Oct 2021
Hearing Date
Feb 2022
Order Date
Feb 14, 2022
Tenancy End Date
Feb 2022
We estimate Application Date using rent arrears.
Decision
The motion to set aside the eviction order is denied. The stay of the eviction order is lifted on February 18, 2022. The Board found that the tenant's ongoing defaults were not reasonable and that the tenant could not afford the rental unit.
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. The tenant had not vacated the rental unit prior to the hearing date.
Determinations
- Arrears have almost doubled since original hearing date
- Tenant began working again in late November 2021 but continued to breach order
- Tenant breached consent order by failing to pay November 2021 rent on time
- Tenant cannot afford the rental unit
Landlord's Arguments
Arguments
Landlord opposed the tenant's motion to set aside the eviction order and submitted that the motion be denied and the stay be lifted immediately, as further arrears had accrued and the tenancy was unaffordable for the tenant.
Tenant's Arguments
Arguments
Tenant sought to preserve the tenancy and proposed a repayment plan, and alternatively sought 6 months to secure alternative housing.
Actions and Evidence
Tenant lost his job 4 days after the October 2021 hearing, which led to the breach of the consent order. Tenant began working again in late November 2021 but continued to breach the order until making a payment right before the February 2022 hearing.
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