Last updated: September 12, 2024
Ordered by John Cashmore,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Previous Order
Overturned
Agree with the ruling?
Citation: Avy Enterprises Inc. v Clayton, 2023 ONLTB 75922
File Number: LTB-L-065105-23-SA
Hearing Date
Nov 2023
Order Date
Nov 22, 2023
The Tenant's motion to set aside the eviction order is granted. The original order remains in force, and the Tenant is given one final opportunity to maintain the tenancy by complying with the remaining conditions.
Tenant's breach was not severe enough to warrant eviction, and Landlord did not demonstrate undue prejudice if tenancy continued
Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's failure to meet a condition specified in a previous order issued by the Board. The Tenant filed a motion to set aside the eviction order.
Landlord argued the Tenant is likely to continue making late payments and it would be unfair to set aside the eviction order given the history of the proceedings.
Landlord acknowledged Tenant is up to date on payments but argued Tenant has a history of late payments, which causes them stress and inconvenience.
Tenant argued it would not be unfair to set aside the eviction order given he has made all other required payments and can continue to abide by the terms of the previous order.
Tenant missed $375 payment due on his birthday, August 15, 2023, but made the payment on August 17, 2023. Tenant stated he was out of the country on his birthday and forgot to make the payment.
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
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Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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