Evictly

1703590 ONTARIO INC. v DA COSTA

Landlord wins · Cambridge · 2025-07-18

Adjudicator
Alicia Johnson
Dispute
Breach of Conditions, Non-payment of Rent
Amount
$5-10K
Landlord
1703590 ONTARIO INC.
Tenant
R.D.C., J.D.C.
Landlord rep
B. Colley

What happened

The Landlord applied for an ex-parte order to terminate the tenancy because the Tenants breached a condition of a previous LTB order (File LTB-L-050223-24). An ex-parte order (LTB-L-036450-25) was issued on May 14, 2025. The Tenants filed a motion to set aside that order, arguing that the failure to pay May rent on time was due to an e-transfer error where the funds were sent to the wrong person. However, the Tenants also failed to pay rent for June and July 2025, which the Adjudicator found to be subsequent breaches. The Tenants cited financial hardship due to unemployment and three school-aged children living in the unit.

The ruling

The Tenants' motion to set aside the eviction order is denied. While the ex-parte order is upheld, the Board has delayed the lifting of the stay until August 31, 2025, to provide the Tenants with more time to find alternate housing for their three school-aged children.