Concert Realty Services LTD on Behalf of Dunbloor Developments Inc v Ugljesic

Tenant wins · Etobicoke · 2025-07-18

Adjudicator

Julie Broderick

Dispute

Non-payment of Rent

Amount

<$5K

Landlord

Concert Realty Services LTD on Behalf of Dunbloor Developments Inc

Tenant

M.S.U., L.U.

Landlord rep

Christina Moreno

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants because they failed to meet a payment condition in a previous LTB order (LTB-L-074444-23). An ex parte order was issued on June 4, 2025, without a hearing. The Tenants filed a motion to set aside this order. During the motion hearing, Tenant 2 testified that while a payment was missed due to an NSF cheque, they had since provided a bank draft for the majority of the balance and the remaining arrears were small ($575.65). The Landlord's representative could not confirm receipt of the replacement bank draft but confirmed other payments were up to date.

The ruling

The motion to set aside the eviction order issued on June 4, 2025, is granted. The previous eviction order is set aside and cannot be enforced. The previous order from May 21, 2024, is cancelled and replaced. The Tenants are ordered to pay the remaining arrears and costs totaling $575.65 by July 25, 2025. Failure to pay will allow the Landlord to apply for termination and eviction without further notice.