Windsor Essex Community Housing Corporation v Caverhill

Tenant wins · Essex · 2025-05-20

Adjudicator

Laura Hartslief

Dispute

Breach of Conditions, Non-payment of Rent

Amount

$10-20K

Landlord

W.E.C.H.C.

Tenant

B.C.

Landlord rep

Cameron Parrott

What happened

The Landlord obtained an ex parte eviction order after the Tenant breached a previous payment plan ordered by the LTB. The Tenant filed a motion to set aside the order, explaining that the breach occurred because she lost her job and experienced a delay in receiving Employment Insurance benefits. The Tenant, a registered nurse currently working casual positions, also disclosed she is pregnant and living in rent-geared-to-income housing.

The ruling

The motion to set aside the eviction order is granted. The ex parte order LTB-L-021232-25 is set aside and cannot be enforced. A new payment plan is established where the Tenant must pay $15,580.00 in arrears through bi-monthly installments of $150.00 starting June 1, 2025, plus ongoing monthly rent. Failure to meet any payment allows the Landlord to re-apply for eviction without notice.