Rouge Valley Co -operative Homes Inc. v Clarke

Tenant wins · Scarborough · 2025-04-24

Adjudicator

Nancy Morris

Dispute

Breach of Conditions, Non-payment of Rent

Landlord

Rouge Valley Co -operative Homes Inc.

Tenant

F.C.

Landlord rep

S. Murtadha

What happened

The Co-op (Landlord) applied to terminate occupancy after the Co-op Member (Tenant) breached a payment condition from a previous order. An eviction order was subsequently issued. The Tenant filed a motion to set aside that eviction order, admitting she failed to pay on time in November 2024 but had since paid all arrears and housing charges. The motion was heard to determine if the eviction order should be set aside.

The ruling

The Tenant's motion to set aside the eviction order LTB-L-095337-24 is granted. The order is nullified and cannot be enforced. The tenancy is preserved. This decision was based on the Tenant's long-term residency (26 years), significant personal and financial hardship, and the 'extraordinary efforts' she made to pay all arrears and housing charges, demonstrating good faith.