Erin Court Co-operative Homes Inc. v Ditele

Landlord wins · Mississauga · 2025-04-14

Adjudicator

Nancy Morris

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

Erin Court Co-operative Homes Inc.

Tenant

N.D., L.W.

Landlord rep

S. Murtadha

What happened

The Co-op applied to evict the Co-op Members for breaching a conditional payment order from a previous case (LTB-C-039504-24). An eviction order (LTB-C-096121-24) was issued without a hearing. The Co-op Members then filed a motion to set aside this eviction order. The motion was heard, where one of the Members admitted to the breach, attributing it to job loss but stating she had recently found new employment.

The ruling

The Co-op Members' motion to set aside the eviction order is denied. The original order (LTB-C-096121-24), which was issued after the Members breached a prior consent payment plan, is upheld. The adjudicator found it would be unfair to the Co-op to grant the motion due to the Members' immediate breach of the payment plan, the questionable good faith in agreeing to it, the lack of evidence of new income, and the prejudice to the Co-op. The stay on the eviction order is lifted as of May 31, 2025, allowing the eviction to proceed.