2653250 Ontario Inc v Moore

Tenant wins · North York · 2025-09-02

Adjudicator

Susan Priest

Dispute

Breach of Conditions, Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

2653250 Ontario Inc

Tenant

M.M.

Landlord rep

Sabrina Scuilli

Tenant rep

Tenant Duty Counsel

What happened

The Landlord applied for an order to terminate the tenancy after the Tenant breached a condition of a previous LTB order dated May 22, 2025. An ex parte order was issued on July 14, 2025, to evict the Tenant. The Tenant filed a motion to set aside this eviction order, claiming the breach (failing to pay July rent on time) was an oversight due to a failed electronic payment and personal circumstances including her son's mental health.

The ruling

The motion to set aside the eviction order issued on July 14, 2025, is granted. The eviction order is cancelled. The Tenant is ordered to pay rent in full and on time on the first of each month from September 2025 until August 2027. If the Tenant fails to comply, the Landlord may apply for an eviction order without notice within 30 days of the breach.