Toronto Community Housing Corporation v Shular
Last updated: August 9, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Subsections of RTA Quoted
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Citation: Toronto Community Housing Corporation v Shular, LTB-L-107724-25-SA, 2026 ONLTB 17257
File Number: LTB-L-107724-25
Timeline
Hearing Date
Feb 2026
Order Date
Feb 24, 2026
Decision
The motion to set aside the eviction order is granted. The Tenant is allowed to stay in the unit provided he pays the arrears of $5,525 over a specified payment schedule and continues to pay current rent on time.
Reason for Eviction Relief
Tenant is elderly, has long-term residency, and has secured financial trusteeship to prevent future payment defaults.
Dispute
Landlord applied for termination and eviction due to Tenant's breach of a previous payment plan order. Tenant filed a motion to set aside the eviction order, citing financial mismanagement and steps taken toward financial trusteeship.
Determinations
- The Tenant breached a previous LTB order by failing to pay rent in full and on time.
- The Tenant's motion to set aside the eviction order is granted subject to strict conditions.
- The Tenant demonstrated sufficient changed circumstances, specifically securing a financial trustee to manage future rent payments.
Landlord's Arguments
Arguments
Argued that the tenancy should be terminated due to repeated breaches, prejudice to the Landlord, and the uncertain nature of the Tenant's proposed financial trusteeship.
Actions and Evidence
Landlord submitted that arrears have been accumulating since 2021 and parties have been before the Board multiple times.
Considerations
Significant history of non-complianceMultiple prior section 78 breaches
Tenant's Arguments
Arguments
Argued for a final opportunity to maintain tenancy based on new financial supports through a voluntary trusteeship program.
Actions and Evidence
Tenant attributed the breach to insufficient funds in his bank account for automatic payments, leading to returned payments.
Considerations
Financial mismanagementRepeated failure to pay rent
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