Zev Investments Limited v Chaisson

Tenant wins · Etobicoke · 2025-07-29

Adjudicator

Karen Gonçalves

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

Zev Investments Limited

Tenant

I.C.

Landlord rep

Sabrina Sciulli

What happened

The Tenant filed a motion to set aside an ex-parte eviction order issued on November 6, 2024. The Landlord had claimed the Tenant breached a previous settlement order by failing to pay an arrears installment of $271.39 by October 20, 2024. The Tenant testified he delivered a bank draft to the rental office drop box on October 19, 2024. The Board found the Tenant's testimony credible as the bank draft was dated October 19 and the Landlord provided no evidence to prove it was delivered later.

The ruling

The motion to set aside the eviction order is granted. The order issued on November 6, 2024, is set aside and cannot be enforced because the Board found the Tenant had complied with the payment schedule by delivering the required bank draft to the Landlord's drop box before the deadline.