Westwood Holdings Inc v Wright

Tenant wins · Toronto · 2025-04-30

Adjudicator

Susan Priest

Dispute

Breach of Conditions, Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

Westwood Holdings Inc

Tenant

N.O.W., C.J.S.S.A.

Landlord rep

Frannie Simms

What happened

A landlord filed to evict tenants for breaching a consent order related to persistent late rent payments. The tenants had agreed to pay rent on time for 12 months but failed to pay the February 2025 rent on time. An ex-parte eviction order was issued. The tenants filed a motion to set aside this order, citing a temporary financial issue that caused the late payment. They argued they were now caught up and would be homeless with their four children if evicted.

The ruling

The Tenants' motion to set aside an eviction order is granted. The previous eviction order is set aside and unenforceable. The original consent order is also cancelled and replaced. The Tenants are given a 'last chance' and must pay their rent in full and on time from May 2025 through April 2026. If they fail to comply, the Landlord can apply for an eviction order without notice to the Tenants.