Moracci v Henderson

Tenant wins · Niagara Falls · 2025-05-13

Adjudicator

Dana Wren

Dispute

Non-payment of Rent, Review Request

Notice

Non-payment of rent (N4)

Landlord

T.M., 1000140945 Ontario Inc.

Tenant

T.H., T.D.

Landlord rep

James Dondo

Tenant rep

Jennifer Priestley

What happened

The Landlords applied for a review of an ex-parte voiding order (LTB-L-012914-VO) which had been granted to the Tenants. The Tenants had successfully moved to void a previous eviction order by claiming they paid the necessary arrears before the eviction became enforceable. The Landlords argued there were errors regarding the voiding amount and payment dates. However, the LTB member found that the Landlords failed to demonstrate a serious procedural error by the Board, noting that the Landlords should have filed a motion to set aside the voiding order if they disputed the Tenants' claims or behavior, rather than seeking a review.

The ruling

The Landlords' request to review the order that voided the Tenants' eviction is denied. The original voiding order remains in effect, and the interim stay of that order is cancelled. The Tenants successfully maintained their tenancy by proving they paid the arrears required to void the eviction before it was enforced.