DUONG v Tayler

Landlord wins · Barrie · 2025-07-28

Adjudicator

Julie Broderick

Dispute

Breach of Conditions, Costs

Amount

<$5K

Landlord

T.D.

Tenant

M.T.

What happened

The Landlord obtained an ex-parte order to terminate the tenancy after the Tenant allegedly breached conditions of a previous LTB order. The Tenant filed a motion to set aside this eviction order. However, by the time of the hearing, the Tenant had already vacated the rental unit. The Landlord argued the motion was moot, while the Tenant insisted it be heard due to complexities involving other applications and a small claims court matter. The Member determined the motion was moot and awarded costs to the Landlord due to the Tenant's unreasonable conduct in pursuing a moot proceeding.

The ruling

The Tenant's motion to set aside the eviction order is denied as it is moot following the Tenant's move-out on June 25, 2025. The stay on the previous eviction order is lifted. The Tenant is ordered to pay the Landlord $150.00 in costs by July 31, 2025, due to unreasonable conduct in refusing to withdraw the motion.