Nguyen v Veintimilla

Split/Other wins · Woodbridge · 2025-07-29

Adjudicator

Julie Broderick

Dispute

Breach of Conditions, Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

H.T.T.N.

Tenant

F.V.

Landlord rep

J. Unny

Tenant rep

N. Okenwa

What happened

The Landlord applied for an order to terminate the tenancy for personal use. A previous consent order included a 'pay on time' condition which the Landlord claimed was breached, leading to an ex-parte eviction order. The Tenant filed a motion to set aside the eviction and a request for review, arguing the LTB lacked jurisdiction to include payment conditions in a personal use application. The LTB determined that including a Section 78 clause in an N12 application was a serious legal error.

The ruling

The LTB granted the Tenant's request for review and set aside a previous ex-parte eviction order due to a serious jurisdictional error where the Board incorrectly included rent-payment conditions in a personal use application. The original order was replaced by a new consent order: the tenancy will terminate on September 30, 2025, and the Tenant is ordered to pay $4,052.75 in daily compensation for the period of March 1 to July 23, 2025, less any rent already paid, plus $27.95 per day until they vacate.