9629173 Canada Inc v Boileau - LTB Grants Tenant's Motion to Set Aside Eviction Order
LTB grants tenant's motion to set aside eviction order, allows repayment plan for rent arrears
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 329A Alice St, Cornwall, ON K6H4S1
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Notices Sent
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Timeline
Application Date
Jun 2024
Hearing Date
Aug 2024
Order Date
Aug 20, 2024
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenant due to the tenant's failure to pay rent as per a previous LTB order. The tenant filed a motion to set aside the order.
Determinations
- Prior order issued on May 23, 2024 was a payment plan for $2,336 in rent arrears
- June 17, 2024 order terminated tenancy for failure to pay June 2024 rent and $292 arrears payment
- Tenant does not dispute breaching prior order
- Tenant is on fixed income with rent subsidy
- Tenant failed to pay August 2024 rent and arrears payment
- As of hearing date, $1,919.66 in arrears were owed
Arguments and Actions
Landlord
Arguments
Landlord opposed further relief for tenant and argued tenant engaged in inappropriate conduct affecting neighboring tenants, but this was not considered as it did not pertain to non-payment of rent
Tenant
Actions
Tenant failed to pay August 2024 rent and arrears payment, stating he was unsure if he would be evicted
Decision Summary
The tenant's motion to set aside the June 17, 2024 order is granted. The tenant is ordered to pay the $1,919.66 in arrears by January 1, 2025 in installments, and to pay new rent on time going forward. If the tenant fails to make any of the payments, the landlord can apply to terminate the tenancy.
Reason for Eviction Relief
Tenant's breach was not substantial, tenant has demonstrated good faith in repaying arrears
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Rent Arrears
$1,920
Total Owing
$1,920 (Owed to Landlord)
Source
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