Amelin Property Management v Barker

Tenant wins · Toronto · 2025-09-03

Adjudicator

Susan Priest

Dispute

Jurisdiction, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

Amelin Property Management

Tenant

D.B., E.B.

Landlord rep

Michael Holzberg

Tenant rep

Dominique Goolsarran

What happened

The Landlord applied for an ex parte order to terminate the tenancy after the Tenants allegedly failed to pay July 2025 rent on time, breaching a condition in a previous mediated order. The Tenants filed a motion to set aside the resulting eviction order. They argued that the Board lacked the jurisdiction to impose a 'pay on time' condition in the previous order because the underlying application was for rent arrears (N4) rather than persistent late payment (N8). The Board reviewed the history of the case, including multiple previous L4 applications and payment plans.

The ruling

The Tenants' motion to set aside the ex parte order is granted. The eviction order issued on July 14, 2025, is set aside and cannot be enforced. Furthermore, the underlying conditional order from April 3, 2025, is cancelled because the Board exceeded its jurisdiction by imposing rent-on-time requirements on a non-payment of rent application.