ECUHOME CORPORATION v RUCCI

Tenant wins · Toronto · 2025-06-02

Adjudicator

Karen Gonçalves

Dispute

Breach of Conditions

Landlord

E.C.

Tenant

M.R.

Landlord rep

Catherine SalgadoJesus

What happened

The Landlord applied for eviction after the Tenant breached a condition in a previous LTB order by leaving an electric scooter in a common area. An ex parte eviction order was issued. The Tenant filed a motion to set aside this order, which was the subject of this hearing. The Tenant admitted the breach but cited extenuating circumstances and showed remorse. The motion to set aside the eviction order was granted.

The ruling

The Tenant's motion to set aside the eviction order (LTB-L-021871-25) is granted. The previous eviction order is nullified and cannot be enforced. The tenancy is not terminated. The decision was made because, despite the Tenant's breach of a prior order, the adjudicator found eviction to be an unfair outcome considering the Tenant's remorse, personal progress, and the isolated nature of the incident.