Stinson Limited Partnership v O'Connor

Tenant wins · Hamilton · 2025-08-07

Adjudicator

Amanda Kovats

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

Stinson Limited Partnership c/o EIWO Canadian Management Ltd.

Tenant

M.O.

Landlord rep

Alicia Poos, Frannie Simms

What happened

The Tenant filed a motion to set aside an ex parte eviction order (issued after a breach of a previous conditional order). The Landlord claimed the June rent and arrears payment was late, while the Tenant provided evidence via money order dates that the payment was only one day late. The Tenant argued the delay was due to a misunderstanding regarding payments falling on weekends.

The ruling

The LTB granted the Tenant's motion to set aside the eviction order. Although the Tenant was late with a payment plan installment by one day, the Board found the breach minor and noted the Tenant's long-term residency and financial circumstances. The original conditional payment plan from April 22, 2025, remains in effect, but the eviction triggered by the late June payment is cancelled.