Grech v Antolic

Tenant wins · Toronto · 2025-11-03

Adjudicator

Benjamin Seigel

Dispute

Breach of Conditions, Non-payment of Rent

Amount

<$5K

Landlord

C.G.

Tenant

R.A.

Landlord rep

Chak Chuen Ho

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant, claiming she breached conditions of a previous Consent Order (LTB-L-088223-23). The Landlord alleged that the Tenant failed to pay rent on time, failed to pay the full amount, and failed to pay by cheque for the March 2025 installment. However, evidence showed the Landlord had previously agreed to payment via e-transfer and that the Tenant had sent the correct amount on the due date, which was initially delayed because the Landlord was out of the country with his phone turned off.

The ruling

The Landlord's application to evict the Tenant for a breach of conditions was dismissed. The Adjudicator found that the Tenant had complied with payment obligations and that the Landlord's application was an abuse of process. The Landlord was ordered to pay $200.00 in costs to the Landlord and Tenant Board by November 14, 2025.