Evictly

CUPR -UCPR v Larouche

Tenant wins · Hawkesbury · 2025-07-02

Adjudicator
Robert Patchett
Dispute
Breach of Conditions, Motion To Set Aside
Landlord
C.U.
Tenant
N.L.
Landlord rep
Kim Martel, Virginie Viau
Tenant rep
Alexis Fafard

What happened

The Landlord had obtained an eviction order without a hearing after the Tenant breached a payment condition from a previous LTB order. The Tenant filed a motion to set aside this eviction order. The Tenant, living in a rent-geared-to-income unit, argued that medical issues prevented her from completing necessary paperwork, and she faced homelessness and loss of custody of her children. The hearing addressed the Tenant's motion to set aside the eviction.

The ruling

The Tenant's motion to set aside the prior eviction order (LTB-L-018473-25) is granted. The order is set aside and is no longer enforceable. The decision was made because the Tenant is a vulnerable person, and it would not be unfair to afford her another opportunity to salvage the tenancy, considering her medical issues and the significant risk of homelessness.