Lang v Caswell

Split/Other wins · Niagara Falls · 2025-08-15

Adjudicator

Karen Gonçalves

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

J.L., A.L.

Tenant

D.C.

Landlord rep

David Ciobotaru

What happened

The Tenant filed a motion to set aside an eviction order after paying the full amount of rent arrears, NSF fees, and application costs required to void the order under section 74(11) of the Act. The primary remaining issue was the reimbursement of non-refundable sheriff enforcement costs incurred by the Landlords.

The ruling

The eviction order is declared void and unenforceable provided that the Tenant pays the $331.00 sheriff enforcement costs to the Landlord and Tenant Board by August 31, 2025. Failure to pay by this deadline will result in the eviction order becoming enforceable.