Bick Properties Inc v Butcher

Tenant wins · Peterborough · 2025-11-28

Adjudicator

Laura Hartslief

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

Bick Properties Inc

Tenant

J.B.

Landlord rep

Crystal Francey

What happened

The Landlord applied for an ex-parte eviction order after the Tenant breached a previous conditional payment order by failing to pay October rent on time. The Tenant subsequently filed a motion to set aside the eviction order, claiming that a postal strike delayed her rent cheques. The Tenant had switched from paying via e-transfer to sending cheques by mail just before the delay occurred. At the time of the hearing, the Tenant had paid all arrears and held a credit on her account.

The ruling

The LTB granted the Tenant's motion to set aside the eviction order issued on October 10, 2025. Although the Tenant breached the payment conditions of a prior order and provided an unconvincing excuse for doing so, the Board exercised its discretion to preserve the 10-year tenancy because the Tenant had paid all arrears in full and demonstrated financial stability. The previous conditional order from October 2, 2025, is cancelled, and the Tenant is warned that future late payments will likely result in eviction.