Bagri v Postma

Tenant wins · Thorold · 2025-04-18

Adjudicator

Mayra Sawicki

Dispute

Breach of Conditions, Non-payment of Rent

Amount

<$5K

Landlord

A.B.

Tenant

K.P., T.P.

Landlord rep

C. Anderson

What happened

A landlord applied for eviction under section 78 after tenants breached a previous LTB payment order. An ex-parte eviction order was issued. The tenants filed a motion to set aside this order, which was heard and subsequently granted. The adjudicator cancelled the eviction order and replaced it with a new conditional order for the tenants to pay the outstanding arrears based on the tenant's mitigating health circumstances.

The ruling

The Tenant's motion to set aside the eviction order is granted. The order LTB-L-005389-25 is cancelled and replaced. The Tenants are ordered to pay the Landlord arrears of $1,137.50 in two installments of $568.75 by April 20, 2025, and May 20, 2025. They must also pay ongoing rent on time. If they fail to meet these conditions, the Landlord can apply for eviction without a further hearing.