Richardson v McGowan
Landlord wins · Whitby · 2025-11-12
- Adjudicator
- Julie Broderick
- Dispute
- Breach of Conditions, Non-payment of Rent
- Landlord
- M.R.
- Tenant
- J.V.M.
What happened
The Landlord applied for eviction after the Tenant breached a previous LTB order dated August 12, 2025, by failing to pay rent on September 1, 2025. An eviction order was subsequently issued without a hearing. The Tenant filed a motion to set aside this eviction order, citing financial hardship due to long-term unemployment and ongoing family court proceedings regarding child support. The Landlord opposed the motion, citing extreme financial distress, as the Tenant's non-payment forced the Landlord to exhaust personal savings to cover the rental property's mortgage and taxes.
The ruling
The Tenant's motion to set aside the eviction order is denied. The Board found that the Tenant breached a previous order by failing to pay rent and has no realistic ability to pay future rent or arrears. The stay of the eviction order is lifted effective November 22, 2025, providing the Tenant a short delay to move due to the presence of children in the household.