Bonilla v 280 Wellesley Residences
Tenant wins · Toronto · 2020-10-28
- Adjudicator
- Dale Whitmore
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- <$5K
- Landlord
- 280 Wellesley Residences
- Tenant
- C.B.
- Landlord rep
- Charlie Bobrowsky
- Tenant rep
- Linette King
What happened
The Tenant was evicted due to a Board error. The Tenant filed a motion to void the eviction order under subsection 74(11) of the Residential Tenancies Act, 2006, but Board staff erroneously refused to accept the motion. As a result, the Tenant was evicted on October 6, 2020.
The ruling
The eviction order is declared void and the Landlord must immediately restore the Tenant to possession of the rental unit. The Tenant must pay the Landlord $318.00, which represents the non-refundable amount the Landlord paid to enforce the eviction order.