Lin v Bomben

Tenant wins · Aurora · 2025-07-22

Adjudicator

John Cashmore

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

G.L., X.Y.Q.

Tenant

P.B., D.R.

Tenant rep

Naseer Ahmed

What happened

The Tenants filed a review request of a Board Notice that lifted a stay on an eviction order. The eviction was originally ordered due to non-payment of rent. A previous voiding order required the Tenants to pay $319.50 in enforcement costs into the Board by April 11, 2025. The Tenants paid the amount directly to the Landlords via electronic transfer on that date instead of paying the Board. The Landlords argued the eviction should proceed because the payment method did not comply with the order. The Board had to determine if the eviction would be an abuse of process given the Landlords had received all funds owed.

The ruling

The LTB granted the Tenants' review request and cancelled the previous notice lifting the stay of eviction. The Board found that although the Tenants paid enforcement costs directly to the Landlords instead of into the Board as ordered, the Landlords were fully compensated by the deadline. Consequently, the eviction order dated September 10, 2024, is declared void and cannot be enforced.