Last updated: February 17, 2025
Ordered by Tribunals Ontario under Section 21.2, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Previous Order
Overturned
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Citation: Mamone v Cuthbertson, 2024 ONLTB 87193
File Number: LTB-L-100640-23-RV
Application Date
Dec 2023
Hearing Date
Nov 2024
Order Date
Nov 22, 2024
The Tenant's request to review the previous order was granted. The Landlord and Tenant had reached an informal payment plan agreement prior to the initial hearing, but the Landlord misled the Tenant about the need to attend. The Landlord's behavior amounted to an abuse of process. The Tenant has the ability to pay the rent arrears, so a conditional order was issued allowing the Tenant to pay the arrears in installments.
Tenant has resided in unit for 16 years, receives ODSP benefits, and has ability to pay arrears through payment plan
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant claims the parties had reached an informal payment plan agreement prior to the initial hearing, and the Landlord told the Tenant he did not need to attend the hearing. The Tenant only learned of the eviction order after the fact.
Landlord argued Tenant should not be granted relief as he has not paid rent for 11 months
Landlord initially denied meeting with Tenant to discuss payment plan, but later conceded they had met
Landlord failed to inform hearing Member about payment plan discussions, as required
Tenant argues he had an informal payment plan agreement with Landlord prior to hearing
Tenant claims Landlord told him he did not need to attend the hearing, and Tenant only learned of eviction order after the fact
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Lawful Rent
$1,400
Rent Arrears
$14,800
Application Fee
$186
Ordered Amount
$14,986 (to Landlord)
Click to switch between order outcomes
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Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
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