Shane v Kitching

Tenant wins · Sudbury · 2021-07-02

Adjudicator

Laura Hartslief

Dispute

Tenant-initiated Termination

Notice

Tenant rights (N9)

Landlord

J.S.

Tenant

M.K.

Tenant rep

Nathan Boivin

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant gave a notice to terminate the tenancy. The Tenant filed a motion to set aside the eviction order, alleging that she was not reasonably able to participate in the hearing that took place on October 9, 2020.

The ruling

The Tenant's request for review was granted, and the Tenant's motion to set aside the eviction order was granted. Order NOL-40767-20 issued on August 31, 2020, was set aside and cannot be enforced by the Landlord.