Jurgens v Cournoyer

Tenant wins · Wahnapitae · 2025-09-24

Adjudicator

Greg Joy

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

K.J.

Tenant

R.C.

Landlord rep

Roselle Greuter

Tenant rep

Stuart Bailey

What happened

The Landlord applied to terminate the tenancy under Section 78 after the Tenant allegedly breached conditions of a previous LTB payment order. An ex-parte eviction order was issued in December 2024. The Tenant filed a motion to set aside this eviction order, arguing that the arrears had since been paid in full with assistance from Ontario Works. The Landlord opposed the motion, citing the Tenant's incarceration, outstanding taxes, and existing no-contact orders.

The ruling

The LTB granted the Tenant's motion to set aside the eviction order dated December 27, 2024. Although the Tenant was late with payments, the Board found that because the full arrears of $4,385.41 had been paid and the Tenant owns the mobile home, eviction would be unfair. The Landlord's concerns regarding the Tenant's incarceration and no-contact orders were noted but did not justify eviction under the current application.