Kerr v Hazelview Property Services Inc

Last updated: August 9, 2026

Share:

Order

Order Date: May 29, 2026
Unit ***, 1400 OUELLETTE AVE, WINDSOR, ON N8X4T4
Contested Dispute
Motion to Set Aside
Application L4Filed by LandlordDocument Order

Decision in favor of

Landlord

Notices Sent

Non-payment of rent (N4)

Subsections of RTA Quoted

78(11)
ContentionLow

Agree with the ruling?

Citation: Kerr v Hazelview Property Services Inc, LTB-L-023799-26-SA

File Number: LTB-L-023799-26

Timeline

Hearing Date

May 2026

8 days

Order Date

May 29, 2026

Decision

The motion to set aside the order was denied because the Tenant failed to comply with the payment conditions of the previous order. The eviction stay will lift on August 31, 2026.

Unlock Order Content

Dispute

The Landlord sought to terminate the tenancy for breach of conditions from a prior order. The Tenant filed a motion to set aside the order. The adjudicator denied the motion, finding the Tenant failed to comply with the payment plan.

Unlock Order Content

Determinations

  • The Tenant failed to meet the payment conditions set out in the prior order.
  • The Tenant is in significant rental arrears which have increased since the previous order.
  • The motion to set aside the order is denied.
  • Unlock Order Content

Landlord's Arguments

Actions and Evidence

The Landlord submitted that the Tenant has a history of arrears since 2023 and has been before the Board previously.

Unlock Order Content

Considerations

History of arrears since 2023Previous LTB orders

Unlock Order Content

Tenant's Arguments

Actions and Evidence

The Tenant testified about finding new employment through the carpenter’s union and expressed hope regarding the payment plan.

Unlock Order Content

Considerations

Failure to meet payment plan conditions

Unlock Order Content

Need assistance from an expert?

Professional business person

Reach Landlords & Tenants

Advertise your legal or rental services to our audience

Sponsored

Similar Cases

Click to switch between order outcomes

Residential Real Estate LP v. Cornelius

Contested Dispute
Landlord Wins
May 29, 2026
COLLINGWOOD

The Landlord was granted an order to terminate the tenancy for non-payment of rent, with the Tenant given an opportunity to void the order by payment.

Landlord Aggravating Factor
Tenant Aggravating Factor
ContentionLow

Peel Housing Corp O/A Peel Living v Walters

Contested Dispute
Landlord Wins
May 29, 2026
MISSISSAUGA

The Landlord was granted an order to terminate the tenancy for non-payment of rent, with the Tenant provided an opportunity to void the order by paying arrears.

Landlord Aggravating Factor
Tenant Aggravating Factor
Eviction Relief Granted
ContentionLow

Marcocchio v Livyy

Contested Dispute
Landlord Wins

The LTB terminated the tenancy for non-payment of rent and determined the lawful rent after a dispute over rent increases.

Landlord Aggravating Factor
Tenant Aggravating Factor
Landlord Sent Invalid Notice
ContentionLow

MetCap Living Management Inc. v Teeter

Contested Dispute
Landlord Wins
May 29, 2026
BARRIE

The Landlord was granted an eviction order due to the Tenant's failure to pay rent and insufficient evidence of maintenance issues or repayment capacity.

Landlord Aggravating Factor
Tenant Aggravating Factor
Testimony Contested
Section 82 Issues Raised and Permitted
ContentionLow

Residential Real Estate LP v. Cornelius

Contested Dispute
Landlord Wins
May 29, 2026
COLLINGWOOD

The Landlord was granted an order to terminate the tenancy for non-payment of rent, with the Tenant given an opportunity to void the order by payment.

Landlord Aggravating Factor
Tenant Aggravating Factor
ContentionLow

Peel Housing Corp O/A Peel Living v Walters

Contested Dispute
Landlord Wins
May 29, 2026
MISSISSAUGA

The Landlord was granted an order to terminate the tenancy for non-payment of rent, with the Tenant provided an opportunity to void the order by paying arrears.

Landlord Aggravating Factor
Tenant Aggravating Factor
Eviction Relief Granted
ContentionLow

Marcocchio v Livyy

Contested Dispute
Landlord Wins

The LTB terminated the tenancy for non-payment of rent and determined the lawful rent after a dispute over rent increases.

Landlord Aggravating Factor
Tenant Aggravating Factor
Landlord Sent Invalid Notice
ContentionLow

MetCap Living Management Inc. v Teeter

Contested Dispute
Landlord Wins
May 29, 2026
BARRIE

The Landlord was granted an eviction order due to the Tenant's failure to pay rent and insufficient evidence of maintenance issues or repayment capacity.

Landlord Aggravating Factor
Tenant Aggravating Factor
Testimony Contested
Section 82 Issues Raised and Permitted
ContentionLow

Unlock More Similar Orders

Access our complete database of similar cases to make more informed decisions and better understand LTB rulings.

Compare outcomes of similar cases to assess your position

Analyze patterns in LTB decisions for your case type

Build stronger arguments with real case references

Share:

Latest Insights from Our Blog

Stay informed with expert analysis on rental law, tenant rights, and LTB decisions

Need Legal Help? We've Got You Covered

Whether you need to find qualified legal professionals or post your specific legal needs to get competitive quotes, our platform connects you with the right help.

Find Legal Professionals

Browse our directory of verified paralegals and lawyers specializing in Ontario rental law and LTB matters.

Browse Professionals

Post Your Legal Needs

Describe your legal situation and receive competitive quotes from qualified professionals in our marketplace.

Post a Bounty

Join thousands of Ontarians who have found legal help through our platform