2629395 Ontario Inc v Barnett

Landlord wins · Windsor · 2025-08-28

Adjudicator

Mayra Sawicki

Dispute

Breach of Conditions, Non-payment of Rent

Amount

$5-10K

Landlord

2629395 Ontario Inc

Tenant

B.B.

Landlord rep

L. Naiman, E. Will

What happened

The Landlord applied to terminate the tenancy because the Tenant breached a condition of a previous LTB order (File LTB-L-031990-24). An eviction order was issued without a hearing on May 16, 2025. The Tenant filed a motion to set aside that order, citing health issues (pneumonia) and financial hardship. The Tenant, who has four children, proposed a new payment plan. The Landlord opposed the motion, arguing the Tenant's budget is unsustainable and that they are suffering financial hardship as a result of the non-payment.

The ruling

The Tenant's motion to set aside the eviction order is denied as the Tenant's financial situation is unsustainable, with a significant monthly deficit. The original order to terminate the tenancy and pay $8,281.05 in arrears remains in effect. However, the stay of the eviction order is extended to September 28, 2025, to allow the Tenant and her four children additional time to vacate.