HAMILTON EAST KIWANIS NP HOMES INC. v SCHAEFER

Landlord wins · Brantford · 2025-10-17

Adjudicator

Vladimir Nikitin

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

HAMILTON EAST KIWANIS NP HOMES INC.

Tenant

J.S.

Landlord rep

Kathy Nagy, Petar Guzina

What happened

The Landlord applied for an order to terminate the tenancy under Section 78 of the Act following the Tenant's failure to meet conditions in a mediated settlement. An eviction order was issued without a hearing on August 5, 2025. The Tenant filed a motion to set aside that order, claiming she was confused about payment deadlines due to having multiple active LTB cases with the Landlord. By the time of the motion hearing, the Tenant had already been evicted from the unit by the Sheriff.

The ruling

The Tenant's motion to set aside the eviction order was denied. The Board found the Tenant breached a previous mediated settlement and provided an illogical explanation for the failure to pay. Because the Tenant had already been evicted by the Sheriff and had a history of non-compliance with Board orders, the stay of the eviction order was lifted immediately.