DREWLO HOLDINGS INC. v DIFRANCESCO

Tenant wins · Woodstock · 2024-11-20

Adjudicator

Elle Venhola

Dispute

Breach of Conditions

Landlord

DREWLO HOLDINGS INC.

Tenant

S.D.

Landlord rep

Anna Glen, Tara Hess

Tenant rep

Duty Counsel

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet a condition specified in a previous order issued by the Board. The Tenant filed a motion to set aside the order, which was resolved by a subsequent order. The Landlord then requested a review of the order granting the Tenant's motion to set aside.

The ruling

The Board found that it would not be unfair to set aside the previous order terminating the tenancy and evicting the Tenant. The Tenant's breach was a singular incident, and the Tenant promptly rectified the situation. The Board determined that the Landlord's response was not reasonable, and the prejudice to the Tenant in being evicted outweighed any prejudice to the Landlord. Therefore, the Board dismissed the Landlord's application and confirmed the previous order.