30 Spears Road Apartments v Morassutti

Tenant wins · Oakville · 2022-11-09

Adjudicator

Greg Joy

Dispute

Eviction Order Set Aside

Landlord

30 Spears Road Apartments

Tenant

B.M.

Landlord rep

Samuel Korman

What happened

Tenant filed a motion to set aside an eviction order (LTB-L-001426-21) because they paid the required amount under subsection 74(11) of the Residential Tenancies Act, 2006 to void the order before it was enforced.

The ruling

The Landlord and Tenant Board ordered that the eviction order LTB-L-001426-21 is void and cannot be enforced by the Landlord. This decision was made after the Tenant paid all amounts owing, including the Landlord's costs for enforcing the order with the Sheriff, and the Landlord consented to the Tenant's motion to set aside the eviction order.