Fournier v James

Split/Other wins · Kitchener · 2025-07-14

Adjudicator

Benjamin Seigel

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

A.F.

Tenant

F.J.

Landlord rep

Irina Karyakina

What happened

The Tenant filed a motion to set aside an ex-parte eviction order issued on May 14, 2025. The Landlord had obtained the ex-parte order after the Tenant breached a payment plan established in a previous order dated February 14, 2025. The Tenant acknowledged the breach but cited financial difficulties due to a brain injury and being a single parent, though she recently started new employment. The Landlord opposed the motion, citing her own financial hardship and the Tenant's history of late payments.

The ruling

The motion to set aside the eviction order issued May 14, 2025, is granted. However, the tenancy is ordered terminated on July 31, 2025, unless the Tenant pays $6,496.00 by that date to void the order. If the Tenant fails to pay and does not move out, the Landlord may enforce the eviction starting August 1, 2025. If the tenancy is terminated, the Tenant owes the Landlord $2,524.49 for arrears up to the hearing date plus daily compensation of $67.40.