Galaxy Real Estate Core Ontario LP v Kirpichova

Tenant wins · Etobicoke · 2025-06-18

Adjudicator

E. Patrick Shea

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

Galaxy Real Estate Core Ontario LP

Tenant

M.K.

Landlord rep

Rob Winterstein

Tenant rep

Emad Elguindy

What happened

Following a Divisional Court appeal, the Landlord applied for the LTB to vary Rule 20.6 and direct that $39,886.64 paid into trust by the Tenant be paid to the Landlord instead of being returned to the Tenant. The funds had been paid during a failed motion to set aside an eviction order. The Landlord argued that returning the money was unfair given the high rent arrears owed by the Tenant. The Tenant opposed the motion, and the LTB ultimately decided not to vary the rule, ordering the funds returned to the Tenant.

The ruling

The Landlord's request to vary LTB Rule 20.6 was denied. The $39,886.64 held by the LTB in trust, plus any accrued interest, is to be paid back to the Tenant. The LTB found that the Landlord did not provide enough evidence to prove that returning the funds to the Tenant was unfair under the circumstances, despite the Tenant owing significant rent arrears.