Kokatanur v Garcia

Landlord wins · Oakville · 2025-04-10

Adjudicator

E. Patrick Shea

Dispute

Breach of Conditions, Eviction

Amount

$10-20K

Landlord

S.K.

Tenant

S.L.G.

What happened

The Tenant filed a motion to set aside an ex parte eviction order (Section 78 Order). This eviction order was issued because the Tenant failed to comply with the payment conditions of a previous LTB order from December 19, 2024. The Tenant made multiple promises to pay the arrears during the motion process but failed to do so. The adjudicator found the Tenant had abused the LTB process and lacked credibility, ultimately denying the motion and ordering an expedited eviction.

The ruling

The Tenant's motion to set aside an eviction order is denied. The stay on the eviction order is lifted. The adjudicator found the Tenant had abused the LTB's process, repeatedly failed to fulfill promises to pay arrears exceeding $15,000, and provided misleading information. The Sheriff is requested to expedite the eviction.