Maclennan v Simon and Alexander

Split/Other wins · Toronto · 2020-10-29

Adjudicator

Lorraine Mathers

Dispute

Breach of Conditions

Notice

Non-payment of rent (N4)

Landlord

C.M.

Tenant

D.S., F.A.

Tenant rep

Denise Simon

What happened

Landlord applied to terminate the tenancy and evict the Tenants due to their failure to meet a condition specified in a previous mediated settlement. The Tenants 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 is granted, and the original mediated agreement is reinstated. The Landlord's request to have the ex parte order reinstated is denied.