Greenboard Holdings Limited v Donovan Mason
Tenant wins · Toronto · 2020-08-26
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- Greenboard Holdings Limited
- Tenant
- D.M.
- Landlord rep
- Geoff Paine
What happened
The landlord applied for an order to terminate the tenancy and evict the tenant due to the tenant's failure to pay rent. The landlord had previously obtained a consent order requiring the tenant to pay the rent arrears in installments, but the tenant did not fully comply with the payment plan. The tenant was hospitalized and unable to work, which caused him to miss some payments. When the COVID-19 pandemic hit, the tenant's workplace was shut down and his income was significantly reduced, leading to further non-payment of rent.
The ruling
The eviction order is set aside, and a new payment plan is ordered. The tenant shall pay the landlord $11,855.96 in arrears, plus new rent, on a schedule of large monthly payments over several months. If the tenant fails to make a payment, the outstanding balance shall become immediately due and owing, and the landlord may apply for an order terminating the tenancy and evicting the tenant.