Housing v Lavergne
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: Ottawa Community Housing v Lavergne, 2026 ONLTB 47398, LTB-L-096410-25-SA
File Number: LTB-L-096410-25
Timeline
Hearing Date
May 2026
Order Date
Jun 16, 2026
Decision
The Tenant's motion to set aside the ex parte order is granted. The previous order is set aside, and a new conditional order is issued allowing the Tenant to pay arrears of $15,403.56 in monthly installments of $640.00 starting July 20, 2026.
Reason for Eviction Relief
Tenant experienced medical and mental health issues that have now been resolved with the help of a new doctor, and she has sufficient household income to support the payment plan.
Dispute
The Landlord applied for an order to terminate the tenancy and evict the Tenant for breaching a prior LTB order payment plan. The Tenant filed a motion to set aside the ex parte order, citing medical and mental health issues that caused the default, and requested a new payment plan.
Determinations
- The Tenant breached the previous order by failing to pay rent due November 1, 2025 in full and on time.
- Terminating a tenancy is a remedy of last resort, and the Tenant's failure was due to medical and mental health issues that have since been resolved.
- It would not be unfair to set aside the previous order and grant a conditional order preserving the tenancy with a new payment plan.
Landlord's Arguments
Arguments
Tenancy is no longer viable and the Landlord experienced hardship from unpaid arrears.
Actions and Evidence
Landlord opposed a payment plan because the Tenant had not followed the previous plan and made no payments since October 2025.
Considerations
Tenant's Arguments
Arguments
The Act is remedial in nature and promotes security of tenure; eviction should be a remedy of last resort.
Actions and Evidence
Tenant testified that she was removed from Ontario Works, missed a payment, and ended up in the hospital due to medical and mental health issues, but has now secured a family doctor and sufficient household income to afford ongoing rent and arrears payments.
Considerations
Similar Cases
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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.
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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.
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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.
Singh and Thind Holding Inc. v Boyd
The Landlord and Tenant Board dismissed a tenant's review request seeking to overturn a consent termination order, ruling that the consent was valid and no procedural errors occurred.
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.
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.
Singh and Thind Holding Inc. v Boyd
The Landlord and Tenant Board dismissed a tenant's review request seeking to overturn a consent termination order, ruling that the consent was valid and no procedural errors occurred.
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.
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.
Singh and Thind Holding Inc. v Boyd
The Landlord and Tenant Board dismissed a tenant's review request seeking to overturn a consent termination order, ruling that the consent was valid and no procedural errors occurred.
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.
Algoma District Services Administration Board v Martel
The LTB issued an ex parte order terminating a tenancy and ordering eviction after the tenant breached the conditions of a previous order.
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.
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