Radel Investments v Eisho

Landlord wins · Toronto · 2021-05-12

Adjudicator

Dawn Sullivan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Radel Investments

Tenant

K.E.

Landlord rep

J. Kirkland

Tenant rep

Duty Counsel

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after the Tenant failed to meet the conditions specified in a previous order issued by the Board.

The ruling

The motion to set aside the previous order terminating the tenancy and evicting the Tenant is denied. The Tenant breached the previous order by failing to make the required rent payments, and there was no change in the Tenant's financial circumstances to justify setting aside the order. The Landlord would be unfairly prejudiced if the order was set aside, as the Tenant's arrears had continued to accumulate.