LIU v Alay

Tenant wins · Pickering · 2025-05-27

Adjudicator

Benjamin Seigel

Dispute

Breach of Conditions, Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

X.L.

Tenant

C.A., J.A.

Landlord rep

Jiangning Guo

What happened

The Tenants filed a motion to set aside an ex-parte eviction order that was issued after they breached a previous prompt-payment order. The Tenants admitted to paying rent late for two consecutive months following the initial order. Tenant 1 cited a medical emergency involving his father for the first late payment and a payroll timing issue for the second. The Landlord argued that the Tenants have a long-standing history of late payments spanning nearly two years and that the ex-parte order should be upheld to ensure prompt payment.

The ruling

The motion to set aside the eviction order issued on March 24, 2025, is granted. The previous prompt-payment order is cancelled and replaced. The Tenants are ordered to pay their lawful monthly rent in full and on time from June 15, 2025, until May 15, 2027. If the Tenants fail to comply with this 24-month prompt-payment condition, the Landlord may apply for an ex-parte eviction order within 30 days of the breach.