GREENWIN CORP v JAMES

Split/Other wins · TORONTO · 2025-08-07

Adjudicator

Vicky Liu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

GREENWIN CORP

Tenant

J.J., H.Z.

Landlord rep

Sean Beard

What happened

The Landlord applied for eviction based on non-payment of rent. An initial order was issued after the Tenants failed to attend the first hearing. Tenant 2 filed a review request, explaining he was unavailable due to university exams and had mistakenly believed the hearing was rescheduled after filing a request and speaking with the Landlord. The LTB granted the review request based on natural justice principles, cancelled the previous order, and heard the case de novo. During the new hearing, the parties reached a consent agreement for a standard termination order with a specific deadline for payment of arrears.

The ruling

The review request was granted, and the previous eviction order was cancelled. On consent, the tenancy is ordered terminated effective August 29, 2025. However, the Tenants may void the eviction and continue the tenancy by paying $1,869.08 (covering arrears and the filing fee) by the termination date. If the unit is not vacated or the order voided, the Landlord may enforce the eviction through the Sheriff starting August 30, 2025.