Dean Avenue Residences Inc v SORTINO

Tenant wins · Oshawa · 2026-01-21

Adjudicator

Dawn Carr

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

Dean Avenue Residences Inc

Tenant

S.S.

Landlord rep

Nancy OIympia

What happened

The Tenant requested a review of an eviction order that was issued after she allegedly breached a payment condition from a previous order. The Landlord sought eviction because a payment was made one day late and was short by 8 cents. The Tenant argued she missed a prior hearing because her phone broke and that she mistakenly believed a weekend deadline was extended to the following Monday.

The ruling

The LTB granted the Tenant's request for review and set aside the eviction order. The member found that the Tenant's failure to meet the exact terms of a payment plan—specifically being 8 cents short and paying one day late—was an inconsequential breach. The eviction order was cancelled, allowing the tenancy to continue.