Weston Co-Ownership Apartments Inc. v Toure

Last updated: August 9, 2026

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Order

Order Date: May 28, 2026
Unit ***, 2255 WESTON RD, NORTH YORK, ON M9N1Y7
Contested Dispute
Application L2Filed by LandlordDocument Order

Decision in favor of

Landlord

Dispute Categories

Notices Sent

Persistent late payment (N8)

Subsections of RTA Quoted

83(1)(a)83(2)204(1)
ContentionLow

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Citation: Weston Co-Ownership Apartments Inc. v Toure, LTB-L-021018-26

File Number: LTB-L-021018-26

Timeline

Application Date

Mar 2026

3 months

Hearing Date

May 2026

7 days

Order Date

May 28, 2026

Decision

The application for termination was granted in principle but relief from eviction was provided. The tenancy continues subject to a nine-month conditional order requiring the Tenant to pay rent on time, including a specific notice provision for any future section 78 applications.

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Reason for Eviction Relief

The Tenant had been paying rent on time since the application was filed, and the Board determined it was not unfair to grant relief under subsection 83(1)(a).

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Dispute

The Landlord applied to terminate the tenancy due to the Tenant's persistent late payment of rent. The Board granted relief from eviction subject to a nine-month conditional order requiring timely rent payments.

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Determinations

  • The Landlord proved the grounds for termination based on persistent late payment.
  • The tenancy shall continue subject to conditions.
  • The Landlord is entitled to reimbursement of the $186.00 application filing fee.
  • Relief from eviction is granted pursuant to subsection 83(1)(a) and 204(1) of the Act.
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Landlord's Arguments

Arguments

The Landlord requested a 12-month conditional order.

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Actions and Evidence

The Landlord alleged the Tenant had a history of late rent payments.

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Considerations

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Tenant's Arguments

Arguments

The Tenant requested that any conditional order should not include section 78 consequences due to past negative experiences with ex-parte orders.

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Actions and Evidence

The Tenant argued that the conditional order was overreaching and that late payments were partially caused by the Landlord's failure to maintain the property.

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Considerations

Persistent late payment of rent

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