Giang v Nickerson

Landlord wins · Dunnville · 2025-09-03

Adjudicator

Julie Broderick

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

C.Q.G.

Tenant

L.N., R.J.P.

Landlord rep

H. Zhu

What happened

The Landlord applied for an ex-parte order to terminate the tenancy after the Tenants breached a mediated settlement from June 2024. The Tenants filed a motion to set aside the resulting eviction order. At the hearing, Tenant 2 claimed an inability to pay or provide documents due to a frozen bank account under fraud investigation, but provided no evidence. The Landlord demonstrated a persistent history of non-payment and significantly increasing arrears since the settlement.

The ruling

The LTB set aside the previous ex-parte order to correct calculation errors but issued a new order terminating the tenancy. The Tenants are ordered to move out by September 14, 2025, and pay the Landlord $14,422.64 in rent arrears and costs. If they fail to vacate, the Landlord may enforce the eviction through the Sheriff starting September 15, 2025.