CAPREIT LIMITED PARTNERSHIP v CHAUDHRY

Landlord wins · Whitby · 2025-07-18

Adjudicator

Jane Dean

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

CAPREIT LIMITED PARTNERSHIP

Tenant

N.C.

Tenant rep

Khadija Sarkar

What happened

The Landlord applied for an order to terminate the tenancy under section 78 after the Tenant failed to comply with a previous consent order (LTB-L-102039-24). An ex-parte order was issued on May 20, 2025. The Tenant, represented by an Affected Party, filed a motion to set aside the order. The Board reviewed evidence regarding the Tenant's high income versus the failure to pay rent and the living situation of family members with disabilities in the unit.

The ruling

The motion to set aside the ex-parte eviction order was denied. The stay of the eviction order is lifted effective July 31, 2025. The Board found that the Tenant had sufficient means to pay rent but failed to do so, and the arrears had grown to over $8,000, rendering the tenancy untenable despite the presence of family members with disabilities.