Capreit Limited Partnership v Shaw
Last updated: October 12, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Capreit Limited Partnership v Shaw, LTB-L-042299-26
File Number: LTB-L-042299-26
Timeline
Application Date (Estimate)
Feb 2026
Hearing Date
Jul 2026
Order Date
Jul 31, 2026
Tenancy End Date
Aug 2026
We estimate Application Date using rent arrears.
Decision
The Landlord's application for termination and eviction due to non-payment of rent is granted conditionally. The Tenant may void the eviction order by paying the total amount owing by August 11, 2026. If not paid, the tenancy is terminated and the Landlord may enforce the eviction through the Sheriff.
Dispute
The Landlord applied for an order to terminate the tenancy and evict the Tenant for non-payment of rent. The Tenant did not attend the hearing. The adjudicator determined that the Landlord served a valid N4 notice and that arrears were owing, and granted an order terminating the tenancy unless the Tenant pays the specified amount by the deadline.
Determinations
- The Landlord served the Tenant with a valid N4 Notice and the Tenant did not void it.
- As of the hearing date, the Tenant was still in possession of the rental unit.
- The lawful monthly rent is $2,694.65, due on the 1st of each month.
- The daily rent/compensation is $88.59.
- The Tenant has paid $5,800.00 since the application was filed.
- Rent arrears owing to July 31, 2026 are $6,984.93 (or $12,784.93 total depending on calculation period).
- The Landlord incurred $186.00 in filing costs.
- The Landlord holds a rent deposit of $2,694.65.
- Interest on the rent deposit of $18.29 is owing to the Tenant for April 1, 2026 to July 27, 2026.
- Relief from eviction under subsection 83(1) is denied.
Landlord's Arguments
Actions and Evidence
The Landlord served an N4 notice, attempted to negotiate a repayment arrangement, and incurred filing costs.
Considerations
Tenant's Arguments
Actions and Evidence
The Tenant failed to pay rent when due and did not attend the hearing.
Considerations
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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.
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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