Skyline Living v Cadwell

Landlord wins · St Thomas · 2025-04-17

Adjudicator

Jane Dean

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

S.L.

Tenant

M.C.

Landlord rep

Trevor Scheib

Tenant rep

Michael Lush

What happened

The Landlord applied for eviction under Section 78 after the Tenant breached a previous consent order (LTB-L-018303-24) by failing to pay a $400 arrears payment by October 15, 2024. An eviction order was issued without a hearing on November 28, 2024. The Tenant filed a motion to set aside this order, citing medical hardship. The Tenant's son, who assisted with rent, suffered two accidents (e-bike and motor vehicle) that prevented him from working. Additionally, OSAP funding was restricted. The LTB member found that the Tenant could not demonstrate the ability to pay ongoing rent or arrears, making a continuation of the tenancy prejudicial to the Landlord.

The ruling

The Tenant's motion to set aside the eviction order was denied. The stay of the eviction order (LTB-L-093818-24) is lifted effective April 30, 2025. The LTB found that despite the Tenant's son's injuries and resulting financial hardship, the Tenant's inability to pay ongoing rent made it unfair to the Landlord to continue the tenancy.