CLC 200 Old Carriage v Nobi

Split/Other wins · Kitchener · 2025-08-29

Adjudicator

Julie Broderick

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

C.O.C.

Tenant

P.N.

Landlord rep

S. Murtadha

Tenant rep

Tenant Duty Counsel

What happened

The Tenant filed a motion to set aside an eviction order after paying $2,168.50 in arrears, which included rent, NSF fees, and the application filing fee, before the eviction was enforced. The Landlord attended the hearing and requested the inclusion of more recent arrears from August and September 2025. The Board determined that the payment made was sufficient to void the eviction under section 74(11) but noted the Landlord had already incurred non-refundable sheriff enforcement costs.

The ruling

Order LTB-L-022390-25 is declared void provided the Tenant pays $325.00 to the LTB by August 31, 2025, to reimburse the Landlord's sheriff enforcement costs. If the Tenant fails to pay this amount by the deadline, the eviction order remains enforceable.