Epifano v Smith

Tenant wins · Woodstock · 2020-08-26

Adjudicator

Alex Brkic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

D.E.

Tenant

C.S.

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to the Tenant's failure to meet a condition specified in a previous mediated settlement. The Tenant filed a motion to set aside the ex parte order issued in favor of the Landlord.

The ruling

The Tenant's motion to set aside the ex parte order issued in favor of the Landlord is granted. The ex parte order of August 4, 2020 is set aside, as the Tenant was able to demonstrate that she had paid all rent arrears and was up to date on rent payments by the end of March 2020.