Adriano v Edouard Aka Edson Kashis Prince-Edouard

Last updated: February 7, 2026

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Order

Ordered by Nicole Pedron,Tribunals Ontario  under Section 78.11, Residential Tenancies Act, 2006

Order Date: September 26, 2025
Unit ***, 192 Dowling Ave, Toronto, ON M6K3A6
Contested Dispute
Motion to Set Aside

Decision in favor of

Landlord

Subsections of RTA Quoted

78(11)
ContentionHigh

Agree with the ruling?

Citation: Adriano v Edouard Aka Edson Kashis Prince-Edouard, 2025 ONLTB 73802

File Number: LTB-L-052079-25-SA

Timeline

Hearing Date

Aug 2025

1 months

Order Date

Sep 26, 2025

Decision

The Tenant's motion to set aside the eviction order was denied. The stay of the previous order (LTB-L-052079-25) was lifted immediately. The Board found the Tenant breached the mediated settlement and did not present a realistic plan to keep up with future rent, making it unfair to the Landlord to delay eviction.

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Dispute

The Landlord applied to terminate the tenancy because the Tenant failed to meet conditions specified in a mediated settlement from May 30, 2025. An eviction order was initially issued without a hearing on July 2, 2025. The Tenant subsequently filed a motion to set aside that order, claiming financial hardship due to potential job loss and reduced hours. The Tenant proposed a repayment plan that would not see rent paid on time until December 2025.

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Determinations

  • Tenant breached the mediated consent order dated May 30, 2025
  • Tenant failed to pay June rent by June 1, 2025
  • Tenant failed to make the arrears payment by June 15, 2025
  • Tenant's repayment plan is not viable as it does not ensure timely rent until at least December 2025
  • Tenant did not provide sufficient evidence to justify additional time to move
  • Unfair to the Landlord to set aside the eviction order
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Landlord's Arguments

Arguments

The Landlord opposed the motion to set aside the order, requesting the stay be lifted immediately due to the risk of accruing further arrears.

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Actions and Evidence

The Landlord testified that the 'Tenant is always late with rent and always has excuses and plans that do not work out.'

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Tenant's Arguments

Arguments

The Tenant argued for a stay of eviction based on financial hardship and the need for two months to find new housing.

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Actions and Evidence

Tenant admitted to being behind on August rent and failing to meet the June deadlines set in the mediated settlement. He stated he 'would be late or behind on rent until at least December 1, 2025' due to uncertainty regarding his job at the Beer Store.

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Considerations

History of late payments and unfulfilled repayment plans.

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