Machula v Walker

Tenant wins · Etobicoke · 2025-10-23

Adjudicator

Julie Broderick

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

R.M.

Tenant

B.W., A.D.

Landlord rep

Nicola Bain, Elizabeth Machula

What happened

The Landlord obtained an ex parte eviction order (issued without a hearing) on September 2, 2025, alleging the Tenants breached a condition of a previous LTB order regarding rent payment timing. The Tenants filed a motion to set aside this eviction order, arguing that the rent was paid on the due date but delayed in processing by the bank because it was a weekend.

The ruling

The LTB granted the Tenants' motion to set aside the eviction order issued on September 2, 2025. The Member found that the delay in rent payment was due to a misunderstanding of banking processing times for weekend e-bill payments. The eviction order is no longer enforceable, but the Tenant is now on notice that rent must be received by the Landlord on or before the 9th of each month regardless of banking policies.