Donkena v Abouchakra
Tenant wins · Richmond Hill · 2025-07-03
- Adjudicator
- Julie Broderick
- Dispute
- Breach of Conditions, Utilities
- Landlord
- S.D., A.D.
- Tenant
- O.A., S.A., M.A., S.S.
- Landlord rep
- M. Lippa
What happened
The Landlords applied for an ex parte eviction order (issued March 10, 2025) because the Tenants allegedly breached a condition of a previous mediated settlement order regarding utility payments. The Tenants filed a motion to set aside the eviction order, arguing that the breach was minor and resulted from a dispute over access to the utility account portal.
The ruling
The LTB granted the Tenants' motion to set aside the eviction order issued on March 10, 2025. The Adjudicator found that while the Tenants did breach the previous order by paying utilities one day late, eviction was an unfair consequence. The previous order was replaced with a new conditional order requiring the Tenants to pay rent in full and on time from July 2025 to June 2026, and to pay all utilities directly to the utility company. If these conditions are breached, the Landlords may apply for eviction without further notice.