Ho v Backus
Last updated: October 12, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
PDF provided by the Ontario LTB Order Catalogue
Citation: Ho v Backus, LTB-L-043546-26-SA
File Number: LTB-L-043546-26
Timeline
Order Date
Jul 22, 2026
Hearing Date
Oct 2026
Decision
The Tenant's motion to set aside the order is granted, the prior order is set aside, and a new payment schedule is established for the remaining arrears.
Reason for Eviction Relief
Family bereavement and unexpected expenses caused temporary payment default, and the tenancy is of long duration (ten years).
Dispute
The Landlords applied for an order to terminate the tenancy and evict the Tenant for breaching a prior conditional order. The Tenant filed a motion to set aside the subsequent order issued without a hearing.
Determinations
- The Tenant owed arrears and costs but made payments until facing family deaths and related expenses.
- The arrears were reduced to $525.00.
- Setting aside the previous order is not unfair given the circumstances and the ten-year tenancy.
- The Tenant's proposal to pay in three installments is fair and reasonable.
Landlord's Arguments
Actions and Evidence
The Landlord objected to relief, noting that the Tenant was late with payments and breaches should result in termination.
Considerations
Tenant's Arguments
Actions and Evidence
The Tenant explained that four deaths in his family caused him to fall behind on payments.
Considerations
Late payments of arrears instalments
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