Baldin v Cooper

Landlord wins · Mississauga · 2025-10-01

Adjudicator

Jane Dean

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

S.B.

Tenant

A.C.

Landlord rep

Stephen Poquiz

What happened

The Landlord applied to terminate the tenancy under Section 78 after the Tenant breached a consent order dated August 6, 2025. The Tenant failed to pay the August 2025 rent and an arrears payment of $918.50. An ex-parte order was issued on August 21, 2025, which the Tenant moved to set aside. The Tenant argued that a bounced cheque was due to bank issues and that the Landlord's lack of communication prevented the arrears payment. The Board found the Tenant responsible for the payment breach and denied the motion to set aside the eviction.

The ruling

The Tenant's motion to set aside the eviction order (LTB-L-066996-25) is denied. The stay of the eviction order is lifted immediately, allowing the Landlord to proceed with enforcement through the Sheriff. The Board found the Tenant failed to comply with the financial terms of a previous consent agreement and provided insufficient justification for the breach.