Gowland v Dahmer

Tenant wins · Cobourg · 2025-08-15

Adjudicator

Julie Broderick

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

C.G., L.G.

Tenant

M.D.

What happened

The Tenant filed a motion to set aside an eviction order (issued ex-parte after the Tenant breached a previous conditional order). The Tenant argued the breach occurred because she was hospitalized due to illness and suffered a disruption in her child tax benefit payments. The Landlord opposed the motion, citing repeated LTB appearances and concerns regarding the property's condition.

The ruling

The motion to set aside the eviction order dated June 23, 2025, is granted. The previous eviction order is cancelled and replaced with a strict payment plan. The Tenant is ordered to pay $10,586.00 in arrears and costs through a series of scheduled payments starting August 20, 2025, including a large lump sum in September. Failure to make any payment allows the Landlord to apply for an ex-parte eviction order within 30 days of the breach.