Capreit Limited Partnership v Modeste

Split/Other wins · Etobicoke · 2021-01-29

Adjudicator

Greg Joy

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

Capreit Limited Partnership

Tenant

C.M.M.M.

Landlord rep

Geoff Paine

Tenant rep

Justin Gordon Deacon

What happened

The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent. The Board had previously issued an order terminating the tenancy and evicting the tenant. The tenant then filed a motion to void the previous order because they had paid the amount required to void the order before it became enforceable.

The ruling

The motion to void the previous eviction order is granted. The previous order TNL-24915-20 is void and cannot be enforced by the landlord.