Last updated: October 13, 2024
Ordered by James Campbell,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Previous Order
Upheld
Agree with the ruling?
Citation: Cader Inc. v Beaulne, 2024 ONLTB 38593
File Number: LTB-L-012124-24-SA
Hearing Date
Apr 2024
Order Date
May 28, 2024
Tenancy End Date
Jun 2024
The Tenant's motion to set aside Order LTB-L-012124-24, issued on February 29, 2024, is denied. The stay of order LTB-L-012124-24 is lifted as of June 8, 2024. Order LTB-L-012124-24 is unchanged and can be enforced.
The Tenant's ongoing issues with clutter and failure to comply with the previous order outweigh the hardship of eviction for the Tenant.
Landlord applied for an order to terminate the tenancy and evict the Tenant and for an order to have the Tenant pay compensation for damage they owe because the Tenant did not meet a condition specified in the order issued by the LTB on December 1, 2023 with respect to application LTB-L-035930-22. The Tenant filed a motion to set aside the order issued on February 29, 2024.
The Landlord obtained the ex parte order based on photos taken February 1, 2024, which showed a lattice, a shed in the yard, and the porch full of clutter. Since then, the Landlord has noticed that items have been added.
The Tenant argued that she should not be evicted over an "eye soar", which is how she referred to the clutter she had been ordered to remove.
The Tenant claimed she could not comply with the order because the shed and decorations could not be removed due to snow, and she has restricted mobility due to surgery.
The Tenant's dismissive attitude towards the clutter issue and lack of responsibility for it.
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