Bathurst Towers Inc v Rojhani

Split/Other wins · North York · 2025-05-13

Adjudicator

Panagiotis Peter Roupas

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

Bathurst Towers Inc

Tenant

A.R.

Landlord rep

Bryan Rubin

What happened

The Landlord applied for termination of the tenancy and eviction based on the Tenant's persistent late payment of rent. Evidence showed that the Tenant failed to pay rent on time 9 out of 9 times between May 2024 and January 2025. However, since being served with the N8 notice, the Tenant has consistently paid rent on time. The Landlord requested a 'pay on time' order with a provision for eviction without notice should the Tenant fail to comply in the future.

The ruling

The Landlord's application to evict the Tenant is denied on the condition that the Tenant pays the full monthly rent on or before the first day of each month for 12 months, starting June 1, 2025. If the Tenant fails to comply, the Landlord may apply under section 78 for an eviction order without further notice. Additionally, the Tenant must pay the Landlord $186.00 for the application filing fee by May 24, 2025.