Main Street (No. 15) Inc. v King

Tenant wins · North Bay · 2025-11-12

Adjudicator

Julie Broderick

Dispute

Breach of Conditions, Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

Main Street (No. 15) Inc.

Tenant

K.K.

Landlord rep

Paula Peroni

What happened

The Landlord applied for an ex-parte eviction order (L4) alleging the Tenant breached a mediated settlement regarding persistent late payment of rent. An eviction order was initially issued without a hearing. The Tenant filed a motion to set aside that order, arguing that no breach occurred and that the Landlord's accounting ledger was incorrect. The Board examined the evidence and found that the Tenant had actually paid rent on time and that the Landlord's ledger included unauthorized charges and errors.

The ruling

The Tenant's motion is granted. The eviction order issued on September 17, 2025, is set aside and cannot be enforced. The Board found that the Tenant did not breach the mediated settlement and that the Landlord's application was based on accounting errors and unauthorized charges. The previous mediated settlement remains in effect.