Tolone v Ernst
Landlord wins · Thunder Bay · 2025-11-18
- Adjudicator
- Michelle Tan
- Dispute
- Maintenance, Non-payment of Rent, Review Of Order
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- J.T.
- Tenant
- R.E., Z.D.
- Landlord rep
- Lorrie McCullough
What happened
The Landlord applied to terminate the tenancy for non-payment of rent. A previous order was issued but the Tenants successfully requested a review, claiming serious errors and that they were unable to participate effectively. Specifically, they argued that their Section 82 maintenance issues (water leaks and mold) were unfairly dismissed as being out of time. At the de novo hearing, the Landlord claimed severe financial hardship, while the Tenants admitted to non-payment due to personal financial difficulties but argued the application was retaliatory. The LTB found that while a review was warranted for the procedural error, the Tenants' subsequent failure to comply with an interim order to pay rent barred them from raising maintenance issues as a defense. Ultimately, the LTB found the rent arrears proven and denied relief from eviction.
The ruling
The tenancy is terminated effective November 29, 2025, due to $17,600.00 in rent arrears. The Tenants must pay $17,786.00 by November 29, 2025, to void the order and stay in the unit. If they do not pay and move out, they are ordered to pay the Landlord $15,535.82 (which accounts for the deposit and interest) plus daily compensation of $72.33 until they vacate.