Araparc Inc v Thibeault

Split/Other wins · Oakville · 2025-10-29

Adjudicator

Julie Broderick

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

Araparc Inc

Tenant

A.T., P.A.

What happened

The Tenants filed a motion to set aside an ex-parte eviction order (issued without a hearing) that the Landlord obtained by claiming the Tenants breached a payment condition in a previous order. At the hearing, the Landlord admitted that the Tenants had actually made the required payment on time, but it was delayed by a bank processing error. Consequently, the Landlord attempted to withdraw the application but was too late. The Board granted the motion to set aside the eviction, though the original termination date of October 31, 2025, from a previous order remains in effect.

The ruling

The motion to set aside the eviction order LTB-L-073665-25 is granted because the Tenants proved they made the required payment on August 1, 2025, and the Landlord admitted the delay was due to a bank error. The eviction order is unenforceable. However, the tenancy is still scheduled to terminate on October 31, 2025, as per the previous order LTB-L-081184-24-RV2, which remains unchanged.