Metcap Living Management Inc. v Chan

Split/Other wins · Toronto · 2026-01-09

Adjudicator

Margo den Haan

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

Metcap Living Management Inc.

Tenant

C.Y.C.

Landlord rep

Phylicia Thomas

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to persistent late payment of rent. The evidence showed that the Tenant had paid rent late 15 times in a 15-month period. However, since the notice was issued, the Tenant had made several on-time payments and paid the application filing fee, resulting in a small credit on the account ledger. The Tenant did not attend the hearing.

The ruling

The tenancy is ordered to continue provided the Tenant meets specific conditions. For a period of 12 months starting February 1, 2026, the Tenant must pay the rent on time and in full. If the Tenant fails to comply with this condition, the Landlord may apply for an eviction order under Section 78 of the Act within 30 days of the breach without further notice to the Tenant.