Arsenault v Luke

Landlord wins · Mississauga · 2025-09-10

Adjudicator

Julie Broderick

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

D.A.

Tenant

J.L.

Tenant rep

Tenant Duty Counsel

What happened

The Landlord applied for an order to terminate the tenancy after the Tenant breached a previous consent order (LTB-L-022266-25) by failing to pay arrears of $6,248.22 and monthly rent. An eviction order (LTB-L-058016-25) was issued without a hearing. The Tenant filed a motion to set aside that eviction order. During the hearing, it was revealed that the Tenant had a significant monthly surplus income but chose not to prioritize rent payments until facing imminent eviction.

The ruling

The Tenant's motion to set aside the eviction order is denied. The stay of the eviction order (LTB-L-058016-25) is lifted effective October 31, 2025, because the Tenant paid the remaining arrears of $970.45 on the day of the hearing. The original eviction order remains unchanged otherwise.