Martell v Labrecque

Tenant wins · Cornwall · 2025-04-09

Adjudicator

Benjamin Seigel

Dispute

Breach of Conditions

Landlord

T.M.

Tenant

A.L., A.K.

Landlord rep

Lisa Duchene

Tenant rep

Amber Miller

What happened

The Landlord applied to evict the Tenants for breaching a payment condition from a previous LTB order. An ex-parte eviction order was issued. The Tenants filed a motion to set aside this eviction order, arguing the single late payment was due to an unforeseen family emergency (a death in the family leading to unexpected loss of income). They had informed the Landlord and paid the rent in full a few days late. The Board found it would not be unfair to the Landlord to set aside the eviction, given the extraordinary circumstances and that all arrears were paid.

The ruling

The Tenant's motion to set aside the eviction Order LTB-L-001986-25 is granted. The order, issued on January 16, 2025, is set aside and is no longer enforceable. The tenancy is not terminated.