Medallion Corporation v Wiltshire

Tenant wins · Oshawa · 2025-07-25

Adjudicator

Julie Broderick

Dispute

Motion To Set Aside, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

M.C.

Tenant

D.W.

Landlord rep

Samuel M. Korman, Joy Toralba

Tenant rep

Shawn Harvey

What happened

The Tenant filed a motion to set aside an eviction order, claiming she had paid the full amount required to void the order before the Sheriff executed it. An occupant attempted to deliver a bank draft for the full arrears to the Landlord's office, but the Landlord refused to accept it, fearing it might create a tenancy relationship with the occupant. The Sheriff subsequently evicted the Tenant. The Board found the Landlord's refusal to accept payment made on behalf of the Tenant was an abuse of process and that the Tenant had effectively paid the amount required to void the eviction.

The ruling

The Tenant's motion to void the eviction order is granted, and the Landlord is ordered to immediately return possession of the rental unit to the Tenant. The Tenant must pay $16,619.34 to the LTB by August 6, 2025, to satisfy the arrears and enforcement costs. If payment is made, the order is void; if not, the eviction order becomes enforceable again.