Bloomingdale Mews Limited v Hepburn

Landlord wins · Kitchener · 2025-04-10

Adjudicator

Benjamin Seigel

Dispute

Breach of Conditions

Landlord

Bloomingdale Mews Limited

Tenant

I.H.

Landlord rep

Sarah Mungal

What happened

The Landlord applied to enforce an eviction order issued ex-parte after the Tenant breached a payment plan from a previous consent order. The Tenant filed a motion to set aside the eviction order, citing loss of employment. The motion was heard but ultimately denied because the Tenant had not made any payments for several months, prioritized other debts, and could not even pay the current month's rent at the time of the hearing. The stay on the eviction was lifted, but delayed until the end of the month to give the Tenant time to find new housing.

The ruling

The Tenant's motion to set aside a previous ex-parte eviction order (LTB-L-002187-25) is denied. The eviction order was issued because the Tenant breached a payment plan from a prior consent order. The Board found it would be unfair to the Landlord to reinstate the payment plan, as the Tenant had not made any payments for months and prioritized other debts. The stay on the eviction is lifted effective April 30, 2025, to give the Tenant's family time to find new housing.