AMSTAR POOL I LP v Roopnarine

Tenant wins · Etobicoke · 2025-07-18

Adjudicator

Julie Broderick

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

AMSTAR POOL I LP

Tenant

M.R.

Landlord rep

Sofia Enriquez

What happened

The Landlord applied for an ex-parte eviction order because the Tenant failed to meet a payment condition set in a previous LTB order. The Tenant failed to pay rent on May 1, 2025, but paid it on May 4, 2025. An eviction order was issued on June 2, 2025, without a hearing. The Tenant subsequently filed a motion to set aside that order, arguing the breach was minor and accidental.

The ruling

The LTB granted the Tenant's motion to set aside the eviction order issued on June 2, 2025. The Board found that the Tenant's failure to pay rent on time on May 1 was a minor breach (only three days late) and did not justify eviction, especially since the Tenant had been compliant with other payments. The original order from March 19, 2025, was reinstated, allowing the tenancy to continue.