JDN Property Management Inc v Cadogan: Eviction Order Enforcement Dispute in London, ON
Scarborough tenants evicted for non-payment of rent, owe $5822 to landlord
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 1919 Trafalgar Street, London, ON N5V1A1
Decision in favor of
landlord
Balance Owed to Landlord
$335
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Feb 2022
Order Date
Mar 3, 2022
Dispute Summary
Tenants filed a motion to void an eviction order (SWL-54359-21) claiming they paid the required amount to void the order before it was enforced. The Landlord contested this claim.
Determinations
- No jurisdiction to vary or amend errors in underlying order during motion to void
- Tenants are statute-barred from bringing this motion
- Tenants did not effect valid tender until January 13, 2022
- Tenants failed to provide credible evidence of attempted tender before order became enforceable
- Tenants previously made a motion under subsection 74(11) of the Act
Case Study
The Tenants' motion was denied because they had previously made a similar motion during their tenancy, which is not allowed under subsection 74(12) of the Residential Tenancies Act. The Tenants could have potentially succeeded if they had provided credible evidence of attempting to tender payment before the order became enforceable, or if they could prove an abuse of process by the Landlord in obstructing a valid tender of funds.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Tenants were statute-barred from bringing this motion due to a previous similar motion.
Actions
Landlord's witness and property manager, Theresa O'Neill, denied the Tenants' claim of attempted tender.
Tenant
Arguments
Tenants argued they had attempted to void the order prior to it becoming enforceable by seeking to tender cash to the Landlord.
Actions
Tenants claimed they attempted to tender cash to void the order before it became enforceable, but provided no corroborating evidence and had inconsistencies in their testimony.
Procedural Errors
Tenants failed to provide credible evidence of their attempted tender and made inconsistent statements about the date of the alleged attempt.
Decision Summary
The Tenants' motion to void the eviction order was denied. They were ordered to pay $335.00 to the Landlord for the cost of enforcing the previous eviction order. The stay on the previous eviction order (SWL-54359-21) was lifted immediately.
Adjudicator Details
LTB Member
Total Orders
563
Landlord Favorable
79.9%
Tenant Favorable
5.2%
Mutual Agreement
14.9%
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Financial Details
Other Owed Amount
$335
Cost of enforcing previous eviction order
Total Owing
$335 (Owed to Landlord)
Source
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