Native People of Sudbury Development Corporation v King

Tenant wins · Sudbury · 2025-10-15

Adjudicator

Vladimir Nikitin

Dispute

Breach of Conditions, Maintenance, Non-payment of Rent

Amount

<$5K

Landlord

N.P.O.S.D.C.

Tenant

C.K., A.A.

Landlord rep

Jasmine Eshkakogan, Ian Shemesh

What happened

The Landlord applied for an ex parte eviction order after the Tenants breached a mediated settlement. The Tenants filed a motion to set aside the resulting eviction order. The breach included failure to pay arrears in full, failure to clean common areas, leaving furniture outside, and a one-day delay in preparing for pest treatment. Tenant 1 argued that her recent struggles with addiction and time spent in a treatment facility caused the delays, and that she has since made efforts to comply.

The ruling

The motion to set aside the ex parte eviction order (LTB-L-069426-25) is granted. The previous order is set aside and cannot be enforced. The Board allowed the tenancy to continue despite the breaches because of the Tenant's mitigating circumstances involving addiction recovery, though the Tenant was cautioned that this was likely her final opportunity.