Interrent Holdings Manager LP v Davidson

Last updated: February 7, 2026

Order

Ordered by Greg Joy,Tribunals Ontario  under Section 78.11, Residential Tenancies Act, 2006

Order Date: September 5, 2025
Unit ***, 614 Lake St, St Catharines, ON L2N6P6
Uncontested Dispute
Motion to Set Aside

Decision in favor of

Landlord

Subsections of RTA Quoted

78(11)
ContentionModerate

Agree with the ruling?

Citation: Interrent Holdings Manager LP v Davidson, 2025 ONLTB 56279

File Number: LTB-L-059340-25-SA

Timeline

Hearing Date

Aug 2025

8 days

Order Date

Sep 5, 2025

Decision

The Tenant's motion to set aside the eviction order dated July 25, 2025, is denied due to the Tenant's failure to attend the hearing. The stay of the previous order is lifted immediately, meaning the Landlord can proceed with the eviction and collection of the $4,770.06 in arrears.

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Dispute

The Landlord applied for an order to terminate the tenancy and evict the Tenant after the Tenant breached a payment condition in a previous LTB order (LTB-L-017403-25). An ex parte order was issued on July 25, 2025. The Tenant filed a motion to set aside that order, claiming they should not be evicted. However, the Tenant failed to attend the scheduled hearing for the motion.

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Determinations

  • Tenant owed arrears and costs as of May 2025
  • Tenant agreed to pay $595.00 monthly towards arrears plus current rent
  • Tenant's last payment was July 2, 2025
  • Total arrears increased to $4,770.06
  • Tenant failed to appear at the motion hearing
  • Motion to set aside is abandoned
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Landlord's Arguments

Actions and Evidence

The Landlord obtained an order under Section 78 after the Tenant failed to meet payment plan conditions.

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Tenant's Arguments

Arguments

The Tenant filed a motion to set aside the ex parte order but provided no evidence or testimony at the hearing to support it.

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Actions and Evidence

The Tenant agreed to pay $595.00 monthly towards arrears starting June 2025 but stopped payments after July 2nd. The Tenant did not attend the August 28th hearing despite being served notice.

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Procedural Errors

Failed to attend scheduled LTB hearing.

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Considerations

Tenant failed to appear at the hearing for their own motion and failed to adhere to the previously agreed payment plan.

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