1139734 Ontario Inc. v Wilkie

Tenant wins · Orillia · 2025-07-18

Adjudicator

Karen Gonçalves

Dispute

Breach of Conditions, Damage to Property

Amount

<$5K

Landlord

1139734 Ontario Inc.

Tenant

K.W., D.F.

Landlord rep

Lea Hellerman, Dan Schofield

What happened

The Landlord obtained an ex parte eviction order (without a hearing) after claiming the Tenants breached conditions of a previous order regarding the repair of a screen door and payment of damages. The Tenants filed a motion to set aside the eviction order, arguing they had attempted to replace the door and that the missed payments were based on a misunderstanding and a separate dispute regarding a seasonal glass door.

The ruling

The motion to set aside the eviction order is granted. The Board found that evicting the Tenants for a $60.00 breach related to a disputed screen door repair was disproportionate. The previous order is amended to give the Tenants until July 31, 2025, to repair or replace the door. If not completed to the Landlord's satisfaction, the Tenants must pay $300.00 in $60.00 monthly installments starting August 1, 2025.