Tayi v Francis

Tenant wins · Thorold · 2025-07-29

Adjudicator

Julie Broderick

Dispute

Non-payment of Rent

Amount

$5-10K

Landlord

A.T.

Tenant

C.F.

What happened

The Landlord obtained an ex parte eviction order after the Tenant breached a previous mediated payment plan. The Tenant filed a motion to set aside the eviction, arguing that the breach (late rent payment) was caused by his employer delaying his paychecks, a situation beyond his control. The Tenant had significantly reduced the total arrears and his family had recently moved to Canada to join him. The Landlord sought immediate termination citing financial hardship.

The ruling

The LTB granted the Tenant's motion to set aside the eviction order issued on June 12, 2025. The Adjudicator found that the Tenant's breach of the previous payment plan was due to an unforeseeable delay in his salary and that he had shown a commitment to paying off arrears. A new payment schedule was ordered, requiring the Tenant to pay $900.00 by August 20, 2025, and $1,000.00 monthly thereafter until the $8,900.00 balance is cleared, in addition to regular rent.