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Bax v Irwin

Last updated: October 12, 2026

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Order

Order Date: June 18, 2026
*** NAPOLEON ST, FLESHERTON, ON N0C1E0
Contested Dispute
Application L1Filed by LandlordDocument Order

Decision in favor of

Landlord

Dispute Categories

Notices Sent

Non-payment of rent (N4)

Subsections of RTA Quoted

83(1)(b)83(2)74(11)81
ContentionLow

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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

4 months

Hearing Date

Jun 2026

2 days

Order Date

Jun 18, 2026

1 months

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.

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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.

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Dispute

The Landlords applied for an order to terminate the tenancy and evict the Tenants for non-payment of rent.

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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.
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Landlord's Arguments

Arguments

Requested termination and eviction due to non-payment of rent.

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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.

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Considerations

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Tenant's Arguments

Arguments

Requested relief from eviction under section 83 due to medical circumstances and dependent children.

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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.

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Considerations

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