NJS Sherbourne Inc v Horton
Tenant wins · Toronto · 2021-11-12
- Adjudicator
- Alex Brkic
- Dispute
- Non-payment of Rent
- Notice
- Persistent late payment (N8)
- Landlord
- NJS Sherbourne Inc
- Tenant
- T.H.
- Landlord rep
- Matthew Teich
- Tenant rep
- Tenant Duty Counsel
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 order. The Tenant filed a motion to set aside the order.
The ruling
The Tenant's motion to set aside the previous order was granted. The previous order was set aside and replaced with a new 12-month conditional order for the Tenant to pay rent on time, with the Landlord able to apply for termination and eviction if the Tenant fails to comply.