2529811 Ontario Inc. v Curtola

Tenant wins · Kitchener · 2023-03-17

Adjudicator

Heather Chapple

Dispute

Breach of Conditions

Landlord

2529811 ONTARIO INC.

Tenant

J.C.

Landlord rep

Mark Abdullah, Nabil Abdullah, Daria Berezowski

Tenant rep

Rob Nixon

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant for failing to meet a condition specified in a previous order. The Tenant filed a motion to set aside the ex parte eviction order, disputing that she breached the condition to repaint the unit in a neutral color.

The ruling

The Board granted the Tenant's motion to set aside the ex parte eviction order. The Board determined that the Tenant did not fail to meet the condition specified in the previous order regarding repainting the unit in a neutral color. The original eviction order (LTB-L-072040-22) was set aside and cannot be enforced.