Indwell v Zimmer

Tenant wins · Simcoe · 2024-01-04

Adjudicator

Fabio Quattrociocchi

Dispute

Termination of Tenancy

Notice

N11 (Tenant Gave Notice)

Landlord

I.

Tenant

P.Z.

Landlord rep

Shelby Vosburgh, Jean Montgomery

Tenant rep

Ayesha Noorani

What happened

The landlord applied for an order to terminate the tenancy and evict the tenant because the tenant entered into an agreement to terminate the tenancy. The tenant filed a motion to set aside the ex-parte order, arguing that he was not in the right state of mind and did not fully understand the contents of the agreement when he signed it.

The ruling

The motion to set aside Order LTB-L-054397-23, issued on July 21, 2023, is granted. Order LTB-L-054397-23, issued on July 21, 2023, is set aside and cannot be enforced by the Landlord.