111 Whitburn Holdings Ltd v Joel Dean Jude Constance
Landlord wins · Toronto · 2022-02-14
- Adjudicator
- Sonia Anwar-Ali
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- 111 Whitburn Holdings Ltd
- Tenant
- J.D.J.C.
- Landlord rep
- Alethia Hall
- Tenant rep
- Tenant Duty Counsel
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant had not vacated the rental unit prior to the hearing date.
The ruling
The motion to set aside the eviction order is denied. The stay of the eviction order is lifted on February 18, 2022. The Board found that the tenant's ongoing defaults were not reasonable and that the tenant could not afford the rental unit.