Landlord Wins Breach of Conditions Case: Thompson v Kporwodu 2023
Windsor tenant ordered to pay $21224 in rent arrears after failing to meet previous LTB order conditions
Summarized by RentZenLast updated: September 12, 2024
Case Summary
1226 Foxhill Crt, Windsor, ON N8S4J3
Decision in favor of
landlord
Previous Order
Upheld
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Oct 2023
Order Date
Nov 21, 2023
Dispute Summary
Landlords applied for an order to terminate the tenancy and evict the Tenant and for an order to have the Tenant pay the rent they owe because the Tenant failed to meet a condition specified in the order issued by the Board on June 2, 2023 with respect to application LTB-L-039546-23. The Tenant filed a motion to set aside the ex-parte order, which was dismissed as abandoned. The Tenant then requested a review of the August 22, 2023 order.
Determinations
- Tenant received notice of hearing for set aside motion
- Tenant did not make efforts to participate or request adjournment
- Tenant owed $21,224 in rent arrears as of review hearing
- Tenant made no payments since July 16, 2023
- Further delay would prejudice Landlord
Case Study
The Tenant's request for review was denied as the Tenant was not reasonably unable to participate in the proceedings on August 14, 2023. The Tenant acknowledged receiving notice of the hearing and was aware of the start time, but made no efforts to contact the Board or the Landlord's representative to request an adjournment or to have the matter held down until later in the hearing block. The stay of the August 22, 2023 order will be lifted on November 30, 2023 as any further delay would only prejudice the Landlord and result in additional arrears owing.
Arguments and Actions
Tenant
Actions
Tenant did not make any efforts to participate in the August 14, 2023 hearing or request an adjournment.
Decision Summary
The Tenant's request for review is denied. The stay of the August 22, 2023 order is lifted on November 30, 2023.
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Rent Arrears
$21,224
Total Owing
$21,224 (Owed to Landlord)
Source
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