2935 Richmond Road Ltd. v McCallum

Tenant wins · Ottawa · 2025-12-08

Adjudicator

Karen Gonçalves

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

2935 Richmond Road Ltd.

Tenant

C.M.

Landlord rep

Sharon Harris

What happened

The Tenant filed a motion to set aside an eviction order that was issued without a hearing after the Tenant allegedly breached a pay-on-time condition of a previous LTB order. The Tenant admitted to paying the rent one day late but explained the delay was due to a bank holiday (National Day for Truth and Reconciliation) affecting the clearance of his pay cheque. The Tenant had since rectified all arrears.

The ruling

The Tenant's motion is granted, and the eviction order issued on October 17, 2025, is set aside and cannot be enforced. The previous order issued on September 10, 2025, remains in effect. The Board found the one-day delay in rent payment was excusable due to a bank holiday and that all arrears had been paid.