Fairview Place v Aquino
Landlord wins · North York · 2025-05-20
- Adjudicator
- Alicia Johnson
- Dispute
- Breach of Conditions, Persistent Late Payment
- Notice
- Breach of mediated settlement (L4)
- Amount
- $10-20K
- Landlord
- F.P.
- Tenant
- B.A.
What happened
The Landlord applied for eviction after the Tenant breached a mediated settlement from a previous order (LTB-L-053404-24) by paying January 2025 rent late. The LTB issued an ex-parte eviction order (LTB-L-007613-25). The Tenant then filed a motion to set aside this eviction order. This hearing was to decide on the Tenant's motion.
The ruling
The Tenant's motion to set aside a previous ex-parte eviction order is denied. The eviction order was issued because the Tenant breached a mediated settlement by paying rent late. The Board found it would not be unfair to uphold the eviction because the Tenant breached the agreement again shortly after and had significant rent arrears, making the tenancy financially unsustainable. The stay on the eviction order is lifted effective May 31, 2025.