Lobo v Briscoe

Tenant wins · Brampton · 2025-11-19

Adjudicator

Jane Dean

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

P.A.L., M.D.L.

Tenant

A.B.

What happened

The Landlords applied to terminate the tenancy and evict the Tenant via an ex parte application (without a hearing) after the Tenant allegedly breached a condition of a previous mediated settlement. The Tenant filed a motion to set aside that eviction order, arguing that she did not receive the Board's order in the mail in time to make the first required payment.

The ruling

The Tenant's motion to set aside the eviction order is granted. Although the Tenant technically breached the mediated settlement by making late payments, her long-term tenancy and subsequent catch-up payments led the Board to conclude that it would not be unfair to set aside the eviction. The original order for eviction is no longer enforceable, and the previous payment plan remains in effect.