1705868 Ontario Ltd. v Franze

Split/Other wins · Grand Bend · 2025-09-26

Adjudicator

Rachel Gibbons

Dispute

Motion To Set Aside, Tenant-initiated Termination

Notice

Agreement to terminate

Landlord

1705868 Ontario Ltd.

Tenant

G.F.

Landlord rep

David Levy, Ray Daniels

What happened

The Landlord applied for an eviction order based on a mutual agreement to terminate the tenancy. An initial eviction order was issued without a hearing. The Tenant subsequently filed a motion to set aside that order, citing a broken leg, difficulties finding housing in a tourist-heavy summer market, and the need for her children to remain in the area for school and custody arrangements. The Tenant had already received a partial payment from the Landlord as part of the termination agreement.

The ruling

The LTB denied the Tenant's motion to set aside the eviction order, confirming the validity of the agreement to terminate. However, acknowledging the Tenant's medical hardship (broken leg) and childcare needs, the Board delayed the eviction (lifting the stay) until October 12, 2025. The original eviction order remains otherwise unchanged.