3245560 Canada Inc v Thomas

Tenant wins · Scarborough · 2025-10-06

Adjudicator

Julie Broderick

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

3245560 Canada Inc.

Tenant

C.T., A.T.

Landlord rep

Jason Paine

What happened

The Landlord applied for an order to terminate the tenancy under Section 78 because the Tenants breached a condition of a previous consent order by failing to pay full rent. An ex-parte eviction order was issued on July 18, 2025. The Tenants filed a motion to set aside this order, explaining that the shortfall ($100 in two consecutive months) was a mistake due to confusion over a rent increase and was corrected quickly.

The ruling

The Tenants' motion to set aside the eviction order (issued July 18, 2025) is granted. The Adjudicator found the breach of the consent order was minor and quickly corrected. The previous conditional order from April 14, 2025, remains in effect, allowing the tenancy to continue provided the Tenants adhere to its terms.