CAPREIT Limited Partnership v Demelo

Landlord wins · London · 2025-12-08

Adjudicator

Laura Hartslief

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

CAPREIT Limited Partnership, Drake Property Management

Tenant

M.D.

Landlord rep

David Ciobotaru, Stephanie Guarascio

What happened

The Landlords applied for an ex parte order to terminate the tenancy after the Tenant breached a previous LTB consent order from February 2025. The Tenant failed to make a required payment toward arrears and failed to pay July 2025 rent. Following the issuance of an eviction order in August 2025, the Tenant filed a motion to set it aside. The Tenant argued that he was prejudiced by hearing adjournments and sought to negotiate a new payment plan.

The ruling

The Tenant's motion to set aside the eviction order issued on August 1, 2025, is denied. The Board found the Tenant breached a previous consent order and that the tenancy is financially unsustainable. The stay of the eviction order is lifted immediately, allowing the Landlord to proceed with the eviction of the Tenant for substantial rent arrears totaling $14,830.76.