Balasubramaniam v Farah

Tenant wins · Ottawa · 2025-09-11

Adjudicator

Benjamin Seigel

Dispute

Breach of Conditions, Non-payment of Rent

Amount

$10-20K

Landlord

K.B., P.T.

Tenant

Z.F., M.K.

What happened

The Landlords initially applied for an order to terminate the tenancy after the Tenants failed to meet a condition in a mediated settlement from a previous application. An ex-parte eviction order was issued on July 31, 2025. The Tenants filed a motion to set aside this eviction order. At the hearing for the motion, only the Tenants appeared. The Tenants admitted to a partial breach of the payment schedule but cited health issues and presented a new repayment plan based on updated employment and social assistance income.

The ruling

The LTB granted the Tenants' motion to set aside the ex-parte eviction order issued on July 31, 2025. The previous order is cancelled and replaced with a strict payment plan. The Tenants are ordered to pay $18,000.00 in arrears through a series of six payments between October 2025 and January 2026, in addition to regular monthly rent. Failure to meet any payment allows the Landlord to apply for an immediate eviction order without notice.