B CUBED ENTERPRISES INC. v BROWN

Landlord wins · St Catharines · 2025-09-02

Adjudicator

Julie Broderick

Dispute

Breach of Conditions, Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

B CUBED ENTERPRISES INC.

Tenant

S.A.S.B.

Landlord rep

E. Grigorieva

What happened

The Tenant filed a motion to set aside an ex parte eviction order that was issued after the Tenant breached a previous consent order. The breach involved failing to pay July 2025 rent on time. The Tenant argued that financial difficulties due to wage garnishment for child support and choosing to give money to his nieces and nephews instead of paying rent should excuse the breach. The Board found that the Tenant had sufficient income to cover expenses but failed to prioritize rent obligations, leading to the denial of the motion to set aside the eviction.

The ruling

The Tenant's motion to set aside the eviction order (LTB-L-056173-25) is denied. The Board found that the Tenant breached a condition of a previous order by failing to pay rent on time and prioritized personal gifts over his legal rent obligations. The stay of the eviction order is lifted effective October 1, 2025.