Fase Holdings Inc. v Carrie Cesar (Pacheco) - LTB Ruling on Motion to Set Aside
Tenant avoids eviction after successfully filing motion to set aside LTB order for minor breaches of mediated settlement
Summarized by RentZenLast updated: September 12, 2024
Case Summary
G-195 Mohawk Street, Brantford, ON N3S2X1
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Apr 2023
Order Date
May 18, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet a condition specified in the mediated settlement signed by the parties on April 5, 2022 with respect to application SOL-26312-21. The Tenant filed a motion to set aside the order issued on March 20, 2023.
Determinations
- Tenant breached condition of previous order by failing to pay $275 by due dates
- Tenant provided reasonable explanations for late payments
- Tenant was in compliance with order for 8 months prior to breaches
Case Study
The mediated settlement provided that the Landlord could apply to the LTB under section 78 of the Residential Tenancies Act, 2006 without notice to the Tenant to terminate the tenancy and evict the Tenant if the Tenant did not meet certain conditions. The Tenant breached a condition by failing to pay $275 by the due dates in December 2022 and January 2023, though the Tenant provided reasonable explanations for the late payments.
Arguments and Actions
Landlord
Actions
Landlord was not aware of the late payments and would not have authorized them.
Tenant
Actions
Tenant was unable to make the December 30, 2022 payment on time due to working a day shift and being unable to get to the bank. Tenant made the payment on January 3, 2023. Tenant was also late by one day in making the January 30, 2023 payment.
Decision Summary
The motion to set aside the order issued on March 20, 2023 is granted. The previous order is dismissed, and the original order SOL-26312-21 remains in force.
Reason for Eviction Relief
The Tenant's breaches were minimal, and she provided reasonable explanations for the late payments.
Adjudicator Details
LTB Member
Total Orders
616
Landlord Favorable
90.9%
Tenant Favorable
5.0%
Mutual Agreement
4.1%
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Financial Details
Rent Arrears
$550
Total Owing
$550 (Owed to Landlord)
Source
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