Galbraith v Dalton

Tenant wins · Listowel · 2025-08-07

Adjudicator

John Cashmore

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

G.G., D.G.

Tenant

A.D., S.J.

Landlord rep

Philip Behm

Tenant rep

Aron Van De Kleut

What happened

The Tenants filed a motion to set aside an eviction order after paying the arrears required to void it. In a previous hearing, a Member denied the motion because of a purported $3.00 shortfall that was actually sent via e-transfer on the day of filing. The Tenants requested a review of that denial. The Landlords further argued that the order should not be voided because the Tenants owed over $12,000 from a completely separate, historical LTB order.

The ruling

The Review Order cancels the previous denial and declares the eviction order void, provided the Tenants pay $349.80 (Sheriff fees) by August 29, 2025. The Board ruled that the Tenants had successfully paid the rent arrears required to void the order on April 30, 2025, and that the Landlords could not demand payment of separate historical debts as a condition for voiding.