65 Emmett Avenue Limited v Johnson

Tenant wins · York · 2025-04-30

Adjudicator

Susan Priest

Dispute

Breach of Conditions, Motion To Set Aside

Amount

$5-10K

Landlord

65 Emmett Avenue Limited

Tenant

R.F.J., R.N.S.

Landlord rep

Mark Ciobotaru

What happened

The Landlord applied to evict the Tenants for breaching a condition in a previous consent order related to rent payments, resulting in an ex-parte eviction order. The Tenants filed a motion to set this eviction order aside. The attending Tenant admitted to the breach, explaining it was due to a temporary bank issue causing a partial payment to be late. The Board member found the breach was not severe, the Tenants acted in good faith to correct it, and the harm of eviction to the long-term Tenants outweighed the harm to the Landlord. Consequently, the Tenant's motion to set aside was granted, and the previous orders were replaced with a new conditional order allowing the Tenants to void the eviction by paying the full outstanding amount.

The ruling

The Tenants' motion to set aside an ex-parte eviction order is granted. The eviction order (LTB-L-010616-25) is set aside, and the previous conditional order (LTB-L-030101-24) is cancelled and replaced. The tenancy is terminated unless the Tenants pay the Landlord $7,739.12 on or before May 31, 2025, to void the order. If they fail to pay, they must move out by May 31, 2025, and will owe the Landlord $3,110.99 plus a daily compensation of $66.00 from April 25, 2025.