Sivakumar v Gocsal

Tenant wins · Scarborough · 2025-10-03

Adjudicator

Camille Tancioco

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

S.S.

Tenant

A.G.

Landlord rep

Tom Thiru

Tenant rep

Janet Brakohiapa

What happened

The Landlord applied for an order to terminate the tenancy based on a breach of a mediated settlement regarding rent payments. Initially, an ex parte eviction order was issued, but it was later set aside by a hearing member who found that the Landlord failed to provide sufficient evidence that the Tenant missed the July rent payment. The Landlord requested a review of that decision, arguing that a subsequent breach in August should have been considered by the member.

The ruling

The request to review the order issued on September 18, 2025, is denied. The previous order setting aside the eviction remains in effect. The Landlord's argument that the member should have considered a subsequent rent breach was rejected because the application was based solely on an alleged July breach that the Landlord failed to prove.