Ontario Ltd 2333795 v Persaud

Tenant wins · Etobicoke · 2025-06-02

Adjudicator

John Cashmore

Dispute

Breach of Conditions, Persistent Late Payment

Notice

Persistent late payment (N8)

Landlord

Ontario Ltd 2333795

Tenant

S.P.

Landlord rep

Boguslaw Mike Kotowski, Giuseppe Rizzuto

What happened

The Landlord applied for an ex-parte order to evict the Tenant for breaching a prior conditional order by failing to pay March 2025 rent on time. The LTB issued an eviction order without a hearing. The Tenant filed a motion to set aside the eviction order, admitting the breach but explaining it was due to a mailed cheque being delayed. The Tenant has since set up automatic payments and secured employment to ensure future on-time payments.

The ruling

The Tenant's motion is granted. The eviction order issued on March 31, 2025, is set aside and voided. The previous conditional order from January 14, 2025, is cancelled and replaced. A new conditional order requires the Tenant to pay rent in full and on time on the first of each month for two years, from June 2025 to May 2027. If the Tenant breaches this new order, the Landlord can apply for eviction without notice.