Landlord Wins Eviction Case Against Tenants Who Breached Settlement: Galaxy Value Add ON Properties LP v Julien and Strus 2021
Landlord awarded possession, $12521 in arrears after tenants breach settlement agreement in Brockville case
Summarized by RentZenLast updated: July 26, 2024
Case Summary
2 Balmoral Place, Brockville, ON K6V6K1
Decision in favor of
landlord
Balance Owed to Landlord
$12,522
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Aug 2019
Hearing Date
Sep 2020
Order Date
Mar 16, 2021
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to meet a condition specified in a previous mediated settlement. The Tenants filed a motion to set aside the eviction order.
Determinations
- Breach of mediated settlement
- Tenant had valid reason for initial breach
- Tenant failed to take action to correct breach
- Tenant continued to breach order
- Arrears continued to accrue
- Delay in lifting stay warranted due to length of tenancy
- No further delay appropriate
Case Study
The Tenant had a valid explanation for the initial breach due to the COVID-19 pandemic, but failed to take any action to correct the breach. The Tenant continued to breach the order even after the initial hearing, and the arrears continued to accrue. Given the length of the tenancy, a delay in lifting the stay was warranted, but no further delay was found to be appropriate.
Arguments and Actions
Landlord
Arguments
Landlord sought costs against the Tenant for the Tenant's frivolous and vexatious conduct.
Actions
Landlord opposed the motion, stating that the Tenant has continued to pay rent late and has made no payments since the last hearing.
Tenant
Arguments
Tenant sought a 30-day delay in lifting the stay to make alternative housing arrangements.
Actions
Tenant was laid off due to COVID-19 pandemic, did not receive CERB, and was unable to pay rent. Tenant proposed to pay arrears by paying rent on time and an additional month's rent each month.
Decision Summary
The motion to set aside the eviction order is denied. The stay of the eviction order is lifted immediately.
Adjudicator Details
LTB Member
Total Orders
948
Landlord Favorable
86.0%
Tenant Favorable
8.3%
Mutual Agreement
5.7%
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Financial Details
Lawful Rent
$891
Rent Arrears
$12,522
Total Owing
$12,522 (Owed to Landlord)
Source
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