CHOU v YIP

Tenant wins · Toronto · 2022-12-05

Adjudicator

Sandra Macchione

Dispute

Breach of Conditions

Landlord

Q.C.

Tenant

H.M.Y., Y.H.M.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants based on an agreement to terminate the tenancy. The initial order was issued without a hearing. Tenants filed a motion to set aside the order, claiming they signed the agreement under duress.

The ruling

The motion to set aside Order LTB-L-050761-22 issued on October 28, 2022, is granted. The previous order is set aside and cannot be enforced. The Landlord may exercise his rights under the Act if there's unpaid rent by following proper legal process.