Playfair Residence v Doyle

Split/Other wins · Ottawa · 2021-04-27

Adjudicator

Greg Joy

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

P.R.

Tenant

M.D., R.W.D.

Landlord rep

Charlie Bobrowski

What happened

The Tenants filed a motion to set aside an eviction order because they had paid the amount required under subsection 74(11) of the Residential Tenancies Act, 2006 to void the order before it was enforced.

The ruling

The eviction order issued on January 18, 2021 is void and cannot be enforced by the Landlord if the Tenants pay $333.00 to the Board on or before April 27, 2021. This amount represents the non-refundable amount the Landlord paid to enforce the eviction order.