I************ Ladies Garment Workers v Hutchinson
Last updated: October 12, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Subsections of RTA Quoted
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Citation: I************ Ladies Garment Workers v Hutchinson, 2026 ONLTB 33986, LTB-C-007060-26
File Number: LTB-C-007060-26
Timeline
Hearing Date
Mar 2026
Order Date
May 1, 2026
Decision
The Tenant's motion to set aside the eviction order is granted. The previous eviction order is set aside, and the original order is amended to extend the conditional payment period through July 1, 2027.
Reason for Eviction Relief
The Tenant encountered financial issues after consistent performance for 5 months, paid the arrears promptly, had no outstanding arrears at the hearing, and eviction would be a remedy of last resort.
Dispute
The Landlord applied for an order to end occupancy and evict the Tenant for breaching a prior conditional order by failing to pay January 2026 housing charges in full. The Tenant filed a motion to set aside the eviction order, explaining the short-term financial hardship caused by re-enrolling in an educational program.
Determinations
- The Tenant failed to meet a condition specified in the prior order by not paying regular monthly housing charges in full for January 2026.
- The Tenant did not dispute the breach and explained it was due to financial issues arising from re-enrolling in an educational program.
- The balance of January housing charges was paid before February 1, 2026, and subsequent charges have been paid on time.
- Eviction is a remedy of last resort, and considering all circumstances, it is appropriate to grant the motion to set aside the eviction order and amend the original order conditions.
Landlord's Arguments
Arguments
The Landlord argued for enforcement of the eviction order due to the established breach of the payment condition.
Actions and Evidence
The Landlord submitted that the Tenant breached the order and that there are many families waiting for housing.
Considerations
Tenant's Arguments
Arguments
The Tenant argued that the balance was paid before February 1, 2026, subsequent housing charges were paid on time, and she lives with her son and younger sister.
Actions and Evidence
The Tenant testified that she paid the majority of January 2026 housing charges but failed to pay approximately $367.00 out of $1,179.00 due to re-enrolling in an educational program and realizing she 'bit off more than [she] can chew'.
Considerations
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