Lacroix v Devries

Landlord wins · Port Colborne · 2025-06-06

Adjudicator

Julie Broderick

Dispute

Breach of Conditions

Landlord

S.L.

Tenant

D.D.

What happened

The Tenant filed a motion to set aside an eviction order which was granted without a hearing after she breached a condition in a previous consent order regarding yard cleanliness. The Tenant admitted to the breach but argued eviction would be unfair due to her mental health. The Board denied the motion, finding it would be unfair to the Landlord to set aside the eviction given the Tenant's history of non-compliance and continued failure to fully clean the yard.

The ruling

The Tenant's motion to set aside a prior eviction order is denied. The eviction order was issued because the Tenant breached a previous consent order by failing to keep the yard clean. The Board found it would be unfair to the Landlord to set aside the eviction due to a history of non-compliance. The stay on the eviction order is lifted, effective July 1, 2025, allowing the Landlord to proceed with the eviction.