Rosslyn Residences v Cornfield

Tenant wins · North York · 2023-05-01

Adjudicator

Michael Di Salle

Dispute

Breach of Conditions

Landlord

Rosslyn Residences

Tenant

J.C.

Landlord rep

Charlie Bobrowsky

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant, claiming the Tenant failed to meet a condition specified in a previous order. The Tenant filed a motion to set aside the eviction order issued without a hearing. The Board determined that the Landlord could not prove the allegations of breach, resulting in the dismissal of the Landlord's application and granting of the Tenant's motion to set aside the eviction order.

The ruling

The Tenant's motion to set aside the eviction order LTB-L-077992-23 is granted. The Landlord's application under section 78 of the Act is dismissed. The previous order TNL-30963-21 remains in effect.