Briar Hill - Hillhurst Limited v Valencia

Tenant wins · Toronto · 2020-10-19

Adjudicator

Sandra Macchione

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Briar Hill - Hillhurst Limited

Tenant

C.V.

Landlord rep

Debra Fine

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet a condition specified in a previous order issued by the Board. The Tenant filed a motion to set aside the order.

The ruling

The Tenant's motion to set aside the previous order is granted. The previous order is cancelled and replaced with a new order that provides the Tenant additional time to pay the arrears outstanding. The Tenant must pay October 2020 rent by October 26, 2020, and then pay monthly rent on or before the first business day of the month for a five-month period starting November 2020 to March 2021. The Tenant must also pay the Landlord $14,612.82, which represents the balance of arrears to September 30, 2020 and the application fee, by March 30, 2021. If the Tenant fails to make any of these payments on time, the Landlord may apply to the Board for an order terminating the tenancy and evicting the Tenant.