Kamboj v Higgins
Tenant wins · Windsor · 2025-05-28
- Adjudicator
- Laura Hartslief
- Dispute
- Breach of Conditions, Non-payment of Rent
- Notice
- Breach of conditional order
- Amount
- $5-10K
- Landlord
- A.K.
- Tenant
- S.H., B.C.
- Landlord rep
- Cameron Parrott
What happened
A landlord applied for an eviction order after tenants breached a previous payment plan set by the Board. An ex-parte eviction order was issued. The tenants then filed a motion to set aside that eviction order. The tenants argued the breach was due to circumstances beyond their control, specifically one tenant's serious illness and subsequent job loss. The Board member found the tenant's testimony credible, even without documentary evidence, and determined it would be unfair to evict under the circumstances. The motion was granted, the eviction order was set aside, and a new payment plan was established for the outstanding arrears.
The ruling
The Tenants' motion to set aside the eviction order is granted. The eviction order is cancelled. A previous Board order is cancelled and replaced. The Tenants are ordered to pay the Landlord $7,394.00 in arrears according to a new three-part payment schedule, finishing by August 15, 2025. They must also pay their ongoing monthly rent on time. If the Tenants fail to comply, the Landlord can apply to the Board for an eviction order without notice.