Brancatella v Derwin

Tenant wins · Toronto · 2025-07-09

Adjudicator

Benjamin Seigel

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

A.B., P.J.P.

Tenant

H.D.

Landlord rep

Shubh Amrit Vir Singh Randhawa, Daniela Purves (Agent)

What happened

The Landlords applied to terminate the tenancy after the Tenant breached a previous LTB order (dated March 6, 2025) by failing to pay May 2025 rent on time. An ex-parte eviction order was issued in May 2025. The Tenant subsequently filed a motion to set aside that eviction order, claiming he misunderstood his payment obligations and had since caught up on arrears.

The ruling

The LTB set aside the eviction order issued on May 14, 2025, allowing the Tenant to remain in the unit. The March 6, 2025 order was cancelled and replaced with a new requirement: the Tenant must pay rent in full and on time for 24 consecutive months (August 1, 2025, to July 1, 2027). If the Tenant fails to meet these conditions, the Landlord may apply for an ex-parte eviction order.