City of Cornwall Housing Services Division v Walker
Tenant wins · Cornwall · 2025-10-14
- Adjudicator
- Karen Gonçalves
- Dispute
- Breach of Conditions, Maintenance
- Landlord
- City of Cornwall Housing Services Division
- Tenant
- W.W.
- Landlord rep
- Chantal Blanchard
- Tenant rep
- Amber Miller
What happened
The Landlord obtained an ex parte eviction order after the Tenant allegedly breached conditions of a mediated settlement regarding unit cleanliness and clutter. The Tenant filed a motion to set aside the eviction, explaining that her failure to maintain the unit was due to a two-month illness and a long-standing struggle with hoarding, which is a mental health issue. The Tenant provided evidence of significant progress made in decluttering the unit with the support of her family and the CMHA hoarding committee.
The ruling
The LTB granted the Tenant's motion to set aside the eviction order issued on August 27, 2025. The adjudicator found that although a breach of the mediated settlement occurred, the Tenant's progress in cleaning the unit and her participation in mental health support programs made it fair to set aside the eviction. The original order is now unenforceable, allowing the tenancy to continue.