Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Previous Order
Overturned
Agree with the ruling?
Hearing Date
Apr 2023
Order Date
May 2, 2023
The motion to set aside Order LTB-L-004053-23, issued on March 27, 2023, is granted. Order LTB-L-004053-23 is set aside and cannot be enforced. Order LTB-L-010834-22 is unchanged.
The tenant fell behind on the consent payment plan due to illness and lost wages, but has now caught up and paid more than required. The tenant also has a three-year-old disabled son residing with him.
The landlord applied for an order to terminate the tenancy and evict the tenant. The application was resolved by order LTB-L-004053-23, issued on March 27, 2023, without a hearing. The tenant filed a motion to set aside order LTB-L-004053-23.
Landlord opposed setting aside the ex parte order on the grounds that the tenant breached the payment plan and might do so again.
Tenant has a three-year-old disabled son residing with him.
Tenant fell behind on consent payment plan due to illness and lost wages, but has now caught up and paid more than required.
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