Skyline Real Estate Holdings Inc., C/O Skyline Living v Sheldon

Tenant wins · St Thomas · 2025-04-23

Adjudicator

Mayra Sawicki

Dispute

Breach of Conditions, Non-payment of Rent

Amount

$5-10K

Landlord

Skyline Real Estate Holdings Inc., C.S.L.

Tenant

J.S., S.T.

Landlord rep

M. Slaughter

What happened

The Landlord applied for an eviction order without a hearing after the Tenants breached a payment plan from a previous LTB order. An eviction order was issued. The Tenants then filed a motion to set aside this eviction order. They argued the breach occurred due to an unexpected expense from their cat's death and claimed the Landlord's agent subsequently refused their attempts to resume payment. The Landlord argued the Tenants had an unreliable payment history and that arrears had grown.

The ruling

The Tenants' motion to set aside the eviction order is granted. The ex-parte order is set aside, and the previous order is cancelled and replaced. The Tenants are ordered to pay arrears of $7,775.56 via a structured payment plan, commencing May 1, 2025, while also paying ongoing rent in full and on time. If the Tenants breach this new payment plan, the Landlord can apply to the LTB for an eviction order without notice.