Brasher v Eaton

Tenant wins · Orillia · 2025-05-12

Adjudicator

Vicky Liu

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

J.B.

Tenant

A.E.

Landlord rep

Jennifer Fiegehen

What happened

The Landlord had obtained an ex-parte eviction order (LTB-L-011222-25) after the Tenant breached a previous conditional order (LTB-L-005659-24) by failing to pay February 2025 rent on time. The Tenant filed a motion to set aside the eviction order. This hearing was held to decide on the Tenant's motion.

The ruling

The Tenant's motion to set aside the eviction order LTB-L-011222-25 is granted. The eviction order is voided and cannot be enforced. The previous conditional order from April 26, 2024 (LTB-L-005659-24) remains in full force and effect. The decision was based on the finding that it would not be unfair to allow the tenancy to continue, given the Tenant's credible testimony, extenuating circumstances for a minor breach, and overall good compliance.