Huynh v Peyton

Tenant wins · Kitchener · 2025-05-05

Adjudicator

Susan Priest

Dispute

Breach of Conditions

Landlord

P.H.

Tenant

J.P., Z.P., S.Y.

Landlord rep

Brittany Colley

What happened

The Landlord applied for an order to terminate the tenancy after alleging the Tenants breached a condition of a previous LTB order. An order was issued without a hearing on February 19, 2025. The Tenants filed a motion to set aside that order and simultaneously filed a request to review the original order that established the conditions. Because the original order was stayed pending review, the subsequent eviction order based on it could not proceed.

The ruling

The LTB denied the Tenants' motion to set aside the previous order as a procedural technicality because the originating order was already stayed. However, the LTB ordered that the ex-parte eviction order (LTB-L-012282-25) be cancelled and declared it unenforceable, effectively stopping the eviction process for the time being.