Outar v. Strathgowan Apartments: Court-Mediated Resolution in Eviction Case
Court brokers new payment plan in tenant's appeal of eviction, giving second chance to clear $6604 arrears
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Dispute resolved in
agreement
Balance Owed to Landlord
$9,104
Dispute Categories
Agree with the ruling?
Timeline
Application Date (Estimate)
May 2023
Hearing Date
Oct 2023
Order Date
Oct 25, 2023
We estimate Application Date using rent arrears.
Dispute Summary
Tenant sought an extension of time to appeal multiple LTB orders, including a consent order for rental arrears payment, a termination order, and an order dismissing the tenant's motion to set aside the termination. The tenant had failed to comply with the payment schedule, leading to eviction proceedings.
Determinations
- Tenant failed to comply with previous consent order payment schedule
- Tenant was late in filing notice of appeal
- Parties reached a new agreement during the hearing
Case Study
The court facilitated a resolution between the parties, considering the tenant's previous efforts to pay arrears and the landlord's responsiveness to the tenant's circumstances. The court ordered a new payment schedule and conditions for the tenant to meet, with specific consequences for non-compliance.
Arguments and Actions
Landlord
Actions
Landlord demonstrated responsiveness to tenant's circumstances in previous interactions.
Tenant
Arguments
Tenant sought an extension of time to appeal multiple LTB orders.
Actions
Tenant paid a total of $6,290 toward the arrears before defaulting on payments in April and May 2023.
Procedural Errors
Tenant was 17 days late in filing a notice of appeal.
Aggravating Factors
Tenant failed to comply with previous payment schedule and has not paid any rent or arrears since the eviction was ordered.
Decision Summary
The court ordered a new payment schedule for the tenant to pay $4,000 by December 11, 2023, and the remaining $2,604.24 by December 31, 2023. The tenant must also pay current rent for November and December. If the tenant breaches these terms, the landlord can seek an order lifting the stay of eviction without a motion. The tenant must also pay $2,500 in costs for the motion and appeal.
Adjudicator Details
Superior Court of Justice - Ontario Divisional Court
Total Orders
7
Landlord Favorable
57.1%
Tenant Favorable
14.3%
Mutual Agreement
28.6%
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Financial Details
Lawful Rent
$1,323
Rent Arrears
$6,604
Other Owed Amount
$2,500
Costs of the motion and appeal
Total Owing
$9,104 (Owed to Landlord)
Source
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