Ghotbizadeh v Henry

Tenant wins · Toronto · 2020-09-14

Adjudicator

Debbie Mosaheb

Dispute

Breach of Conditions

Landlord

A.G.

Tenant

K.H.

Landlord rep

Sassan Emam

Tenant rep

Andrew Hwang

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant because the Tenant failed to meet a condition specified in the order issued by the Board on December 11, 2019 with respect to application TEL-05259-19. The Tenant filed a motion to set aside the order.

The ruling

The Tenant's motion to set aside Order TEL-07875-19, issued on January 6, 2020 is granted. Order TEL-07875-19 is set aside and is of no force or effect. Commencing October 1, 2020 and for a period of 6 consecutive months (October 2020 to March 2021), the Tenant shall pay the monthly rent on or before the 1st day of each month. If the Tenant fails to make the payments, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006, within 30 days of the breach, without notice to the Tenant, for an order terminating the tenancy and evicting the Tenant.