Hoskin v Emilson

Tenant wins · Brantford · 2025-09-23

Adjudicator

Nicole Pedron

Dispute

Non-payment of Rent

Landlord

K.H.

Tenant

J.E., S.L.

Landlord rep

Francisco Gomez

What happened

The Landlord applied to terminate the tenancy and evict the Tenants after they breached a condition of a previous LTB order from June 20, 2025, specifically failing to make a July 1, 2025, arrears payment. An eviction order was initially issued without a hearing on July 16, 2025. The Tenants filed a motion to set aside that order, arguing a misunderstanding of the payment schedule regarding a lump sum payment versus regular arrears payments.

The ruling

The LTB granted the Tenants' motion to set aside the eviction order (LTB-L-055473-25). The member found that the breach of the previous payment plan was due to a misunderstanding rather than an unwillingness to pay. The previous consent order from June 20, 2025, remains in effect, giving the Tenants another opportunity to preserve their tenancy by sticking to the payment plan.