Ah Kang v Schwartzentruber

Tenant wins · Kapuskasing · 2025-05-13

Adjudicator

Fabio Quattrociocchi

Dispute

Non-payment of Rent

Landlord

K.A.K.

Tenant

S.S., R.N.

Landlord rep

Bernardette Ah Kang, Jaclyn P. Solomon

What happened

The Tenants filed a motion to set aside an ex-parte eviction order that was issued after they breached a previous repayment plan. While the Tenants admitted to missing a payment deadline by six days, they had since caught up on all arrears and maintained a zero-balance at the time of the hearing. The Landlord sought to enforce the eviction based on the initial breach of the consent order.

The ruling

The Board granted the Tenants' motion to set aside the eviction order. Although the Tenants were six days late on a specific payment required by a previous consent order, they had fully caught up and were current on all rent and arrears. The Board determined it would not be unfair to set aside the eviction order given the Tenants' subsequent compliance and zero-balance status.