Szucsko v Fitzsimmons
Landlord wins · Hamilton · 2025-05-09
- Adjudicator
- Vicky Liu
- Dispute
- Breach of Conditions, Non-payment of Rent
- Notice
- Breach of LTB Order (L4)
- Amount
- $5-10K
- Landlord
- B.S.
- Tenant
- T.F.
- Landlord rep
- Kimberly Holleran
What happened
The Landlord filed an L4 application for an eviction order after the Tenant breached a previous consent order (LTB-L-077078-24) by failing to pay February 2025 rent and arrears. An ex-parte eviction order (LTB-L-012770-25) was issued. The Tenant filed a motion to set aside this eviction order. The motion was heard on May 1, 2025, where the Board considered whether it would be unfair to proceed with the eviction.
The ruling
The Tenant's motion to set aside the ex-parte eviction order (LTB-L-012770-25) is denied. The Tenant had breached a previous consent order by failing to pay rent and arrears. The adjudicator found the Tenant's reasons for non-payment unreasonable and noted the lack of any good faith payments and growing arrears. The stay on the eviction order is lifted immediately, allowing the Landlord to proceed with the eviction.