Evictly

Tough v Nicholson

Split/Other wins · Oakville · 2023-05-15

Adjudicator
Alicia Johnson
Dispute
Tenant-initiated Termination
Amount
<$5K
Landlord
L.T.
Tenant
S.N.
Landlord rep
William Redgate
Tenant rep
Audrey Huntley

What happened

The Tenant filed a motion to set aside a previous eviction order (HOL-12206-21) because the Tenant had paid the amount required under subsection 74(11) of the Residential Tenancies Act, 2006 to void the order before it was enforced.

The ruling

The previous eviction order (HOL-12206-21) is void and cannot be enforced if the Tenant pays $167 to the LTB by May 19, 2023 to reimburse the Landlord for the non-refundable enforcement costs. If the Tenant does not pay the $167 by the due date, the eviction order becomes enforceable.