1441997 Ontario Inc. v SALIBI

Tenant wins · Windsor · 2025-05-01

Adjudicator

Vladimir Nikitin

Dispute

Breach of Conditions, Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

1441997 Ontario Inc.

Tenant

P.J.S.

Landlord rep

Ryan Routliffe, Cameron Parrott

What happened

The Landlord applied for an ex-parte eviction order after the Tenant breached a previous LTB order requiring on-time rent payments. An eviction order was issued without a hearing. The Tenant then filed a motion to set aside this eviction order. The adjudicator found that while the Tenant did breach the previous order by paying rent late on multiple occasions, it would not be unfair to set aside the eviction. This decision was based on the Tenant's old age, confusion with technology, the minor nature of the payment delays, and his commitment to provide post-dated cheques to ensure future compliance.

The ruling

The Tenant's motion to set aside the ex-parte eviction order (LTB-L-012117-25) is granted. The eviction order is voided. The original order from June 18, 2024, is amended to require the Tenant to pay rent in full and on time for the 12-month period from May 2025 to April 2026. If the Tenant breaches this new condition, the Landlord may apply for eviction without notice to the Tenant.