Oxford Properties Group v Johnson
Tenant wins · Brampton · 2025-04-07
- Adjudicator
- Vladimir Nikitin
- Dispute
- Breach of Conditions, Persistent Late Payment
- Landlord
- Oxford Properties Group
- Tenant
- S.J.
- Landlord rep
- Faith McGregor
What happened
The Landlord obtained an ex-parte eviction order after the Tenant breached a prior conditional order by failing to pay January 2025 rent on time. The Tenant filed a motion to set aside the eviction order. At the hearing, the Tenant provided testimony about her improved financial situation, including more work hours at a higher wage and having paid off other debts. The Landlord argued the tenancy was not viable given the Tenant's tight budget. The Board found the Tenant credible and determined it would not be unfair to set aside the eviction, granting the Tenant another chance under new, strict payment conditions.
The ruling
The Tenant's motion to set aside the ex-parte eviction order is granted, and the order is voided. The previous conditional order is amended with new terms: the Tenant must pay April 2025 rent by April 15, 2025, and then pay rent in full and on time for the 12-month period from May 2025 to April 2026. Failure to comply with these new conditions will allow the Landlord to apply for an ex-parte eviction order under section 78 of the RTA.