Bax v Irwin
Last updated: October 12, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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PDF provided by the Ontario LTB Order Catalogue
Citation: Bax v Irwin, LTB-L-031067-26
File Number: LTB-L-031067-26
Timeline
Application Date (Estimate)
Feb 2026
Hearing Date
Jun 2026
Order Date
Jun 18, 2026
Tenancy End Date
Jul 2026
We estimate Application Date using rent arrears.
Decision
The Landlords' application for non-payment of rent is granted, but eviction is conditionally postponed to July 31, 2026 pursuant to s. 83(1)(b) of the Act. Tenants may void the termination by paying the specified arrears and costs.
Reason for Eviction Relief
Circumstances that caused the Tenant to fall into arrears, including husband's hospitalization and loss of work, and children living in the unit.
Dispute
The Landlords applied for an order to terminate the tenancy and evict the Tenants for non-payment of rent.
Determinations
- The Landlords served a valid N4 Notice and the Tenants did not void it by paying arrears or filing before application.
- The Tenants were still in possession of the rental unit at the hearing.
- Lawful rent is $2,250.00 due on the 1st of each month.
- Daily rent/compensation is $73.97.
- The Tenants made no payments since filing.
- Rent arrears owing to June 30, 2026 are $9,750.00.
- Landlords incurred $186.00 in filing costs.
- Landlords hold $2,250.00 rent deposit plus $57.22 interest.
- Relief from eviction granted under s. 83(1)(b) to postpone eviction to July 31, 2026.
Landlord's Arguments
Arguments
Requested termination and eviction due to non-payment of rent.
Actions and Evidence
Landlord sought termination of tenancy as rent arrears are substantial, Tenant has not been responsive to repayment plan efforts, and Landlord is suffering financial hardship.
Considerations
Tenant's Arguments
Arguments
Requested relief from eviction under section 83 due to medical circumstances and dependent children.
Actions and Evidence
Tenant acknowledged lack of payments was unfair to Landlord, asked for payment plan or extended termination to August 31, 2026. Tenant testified husband had health issues, was hospitalized for 8 weeks, causing reduced income. Tenant is now back to work making $2,900.00 net bi-weekly, and Tenant makes $900.00 net weekly.
Considerations
Similar Cases
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An ex parte LTB order terminated the tenancy for breach of a prior conditional payment order and ordered the Tenant to pay arrears and daily compensation.
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C*** Manor v Kabeya
The LTB terminated the tenancy and ordered the Tenant to pay arrears and daily compensation after the Tenant breached conditions in a previous order.
A**** Rasoul v A* Bitar
The Landlord and Tenant Board denied the Tenant's review request of an eviction and arrears order, finding the Tenant exhibited willful blindness regarding her tenancy status after vacating.
Capreit Limited Partnership v Cousineau
An ex parte LTB order terminated the tenancy for breach of a prior conditional payment order and ordered the Tenant to pay arrears and daily compensation.
The LTB terminated the tenancy for non-payment of rent, granting the Tenant a final opportunity to void the order by paying arrears by August 20, 2026.
C*** Manor v Kabeya
The LTB terminated the tenancy and ordered the Tenant to pay arrears and daily compensation after the Tenant breached conditions in a previous order.
A**** Rasoul v A* Bitar
The Landlord and Tenant Board denied the Tenant's review request of an eviction and arrears order, finding the Tenant exhibited willful blindness regarding her tenancy status after vacating.
Capreit Limited Partnership v Cousineau
An ex parte LTB order terminated the tenancy for breach of a prior conditional payment order and ordered the Tenant to pay arrears and daily compensation.
The LTB terminated the tenancy for non-payment of rent, granting the Tenant a final opportunity to void the order by paying arrears by August 20, 2026.
C*** Manor v Kabeya
The LTB terminated the tenancy and ordered the Tenant to pay arrears and daily compensation after the Tenant breached conditions in a previous order.
A**** Rasoul v A* Bitar
The Landlord and Tenant Board denied the Tenant's review request of an eviction and arrears order, finding the Tenant exhibited willful blindness regarding her tenancy status after vacating.
Capreit Limited Partnership v Cousineau
An ex parte LTB order terminated the tenancy for breach of a prior conditional payment order and ordered the Tenant to pay arrears and daily compensation.
London and Middlesex Community Housing v Leese
The LTB terminated the tenancy and ordered the Tenant to pay arrears and daily compensation after the Tenant breached payment conditions from a prior order.
Skyline Real Estate Holdings Inc. v McKinley
The Landlord was granted an order terminating the tenancy and evicting the Tenant for non-payment of rent, with a conditional window for the Tenant to void the order.
The LTB ordered the termination of the tenancy for non-payment of rent, but granted conditional relief allowing the tenant to void the eviction by paying all arrears by September 1, 2026.
Equiton Residential Income Fund LP v Sadeghikia
The LTB terminated the tenancy and ordered the tenant to pay arrears and daily compensation after the tenant breached payment conditions from a previous order.
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