Dally v Sztojka
Split/Other wins · Thorold · 2025-09-11
- Adjudicator
- Julie Broderick
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- <$5K
- Landlord
- S.D.
- Tenant
- K.S.
- Landlord rep
- Antonio Caruso
- Tenant rep
- Jessica Travers
What happened
The Tenant filed a motion to set aside an eviction order (LTB-L-084258-24) after paying the full amount of rent arrears and fees ($21,738.00) before the eviction was enforced. A dispute arose regarding whether the Tenant was responsible for reimbursing the Landlord for $325.00 in non-refundable Sheriff enforcement fees incurred when the Landlord proceeded with enforcement after the initial payment deadline passed.
The ruling
The LTB ordered that the previous eviction order is void provided the Tenant pays $325.00 for the Landlord's enforcement costs to the LTB on or before September 12, 2025. If the payment is made, a notice will be issued acknowledging the order is void; if not, the eviction order becomes enforceable.