Tremblay v Hornsby
Landlord wins · Kitchener · 2025-06-10
- Adjudicator
- Jane Dean
- Dispute
- Breach of Conditions, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- L.T.
- Tenant
- R.H., K.O.
- Landlord rep
- Howard Tavroges
What happened
The Landlord applied for and received an ex-parte eviction order after the Tenants breached a prior consent order by failing to make rent and arrears payments. The Tenants filed a motion to set aside this eviction order, citing financial hardship and claiming they were pressured into the original agreement. The Board heard the motion and denied it, finding the Tenants' claim of being pressured was not credible and that setting aside the order would be unfair to the Landlord. However, the Board delayed lifting the stay on the eviction until the end of the school month to accommodate the Tenants' three children.
The ruling
The Tenants' motion to set aside an eviction order is denied. The eviction order, which resulted from the Tenants' failure to comply with a previous payment agreement, is upheld. The total rent arrears are $8,902.50. The Board delayed the enforcement of the eviction until June 30, 2025, to allow the Tenants' children to complete their school year.