Last updated: February 17, 2025
Ordered by Tribunals Ontario under Section 21.2, Statutory Powers Procedure Act and the Residential Tenancies Act, 2006
Decision in favor of
Tenant
Previous Order
Overturned
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Citation: DREWLO HOLDINGS INC. v DIFRANCESCO, 2024 ONLTB 86910
File Number: LTB-L-044368-24-RV
Application Date
Jun 2024
Hearing Date
Nov 2024
Order Date
Nov 20, 2024
The Board found that it would not be unfair to set aside the previous order terminating the tenancy and evicting the Tenant. The Tenant's breach was a singular incident, and the Tenant promptly rectified the situation. The Board determined that the Landlord's response was not reasonable, and the prejudice to the Tenant in being evicted outweighed any prejudice to the Landlord. Therefore, the Board dismissed the Landlord's application and confirmed the previous order.
Tenant's breach was a singular incident, and he promptly rectified the situation. The Landlord's response was not reasonable, and the prejudice to the Tenant in being evicted outweighed any prejudice to the Landlord.
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet a condition specified in a previous order issued by the Board. The Tenant filed a motion to set aside the order, which was resolved by a subsequent order. The Landlord then requested a review of the order granting the Tenant's motion to set aside.
The Landlord argued that the Tenant's breach of the conditional order should result in an eviction order, regardless of the Tenant's reasons for the breach.
Tenant acknowledged he did not pay rent on time in June 2024, but took steps to rectify the situation and paid the rent on June 6, 2024.
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