Last updated: February 17, 2025
Ordered by Tribunals Ontario under Section 78, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Previous Order
Overturned
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Citation: Ursomarzo v Garrant, 2024 ONLTB 66488
File Number: LTB-L-039821-24-SA
Application Date
May 2024
Hearing Date
Aug 2024
Order Date
Sep 16, 2024
The Tenant's motion to set aside the eviction order is granted. The previous Section 78 Order remains in effect, with a new deadline for the Tenant to ensure all utility accounts are in good standing.
Tenant's breach was due to misinterpretation, not intentional, and utility arrears are not significant
Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's failure to meet a condition specified in a previous LTB order. The Tenant filed a motion to set aside the eviction order.
Landlord seeks eviction due to Tenant's inability to keep utilities in good standing.
Landlord produced a spreadsheet showing the Tenant's missed utility payments, which have caused the Landlord financial hardship.
Tenant argues there was no breach of the Section 78 Order due to misinterpretation of the wording.
Tenant has 2 children and monthly income under $3,000. Tenant made ongoing utility payments in good faith and has been making $250/month payments towards past arrears.
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Other Amount
$140
Utility arrears (water $97.26, Enbridge $42.26)
Ordered Amount
$140 (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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