Last updated: February 17, 2025
Ordered by Tribunals Ontario under Section 21.2, Residential Tenancies Act, 2006
Dispute resolved in
Agreement
Previous Order
Overturned
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Citation: Capreit Limited Partnership v Lukiewicz, 2024 ONLTB 94494
File Number: LTB-L-008620-24-RV
Application Date
Jul 2024
Hearing Date
Dec 2024
Order Date
Dec 23, 2024
The Tenant's review request is granted as he was not reasonably able to participate in the original hearing due to a statutory guardianship. The Landlord's application is heard on its merits. The Tenant is ordered to be restored to possession of the rental unit and pay $1,360.11 in arrears and costs to the Landlord in installments. If the Tenant fails to make the payments, the Landlord may apply to terminate the tenancy.
Tenant was not reasonably able to participate in original hearing due to statutory guardianship
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant requested a review of the order, stating he was not reasonably able to participate in the original hearing due to a statutory guardianship in place.
Restoring possession to Tenant would be overly prejudicial to Landlord.
Rental unit undergoing costly renovations, market rent has nearly doubled.
Arrears accrued due to OPG/Tenant being unaware of rent increases, not inability to pay rent.
Tenant was displaced from rental unit on October 22, 2024 when eviction order was enforced by sheriff. Tenant was hospitalized at time of eviction.
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Lawful Rent
$962
Rent Arrears
$1,174
Application Fee
$186
Rent Deposit
$900
Ordered Amount
$1,360 (to Landlord)
Click to switch between order outcomes
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Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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