Thavendran v Bisilola

Tenant wins · Brampton · 2025-10-02

Adjudicator

Susan Priest

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.T., S.T.

Tenant

G.B.B.

Landlord rep

Kajalaxy Thavendran

What happened

The Landlords obtained an ex parte eviction order after the Tenant breached a payment plan established in a previous conditional order. The Tenant filed a motion to set aside the eviction, admitting to making two payments late (nine days and one day late, respectively) but expressing a commitment to fulfill the final payment of the plan. The Landlords opposed the motion, citing a lack of confidence in the Tenant's future compliance.

The ruling

The LTB granted the Tenant's motion to set aside the eviction order issued on August 12, 2025. The Board found that while the Tenant had breached the payment plan by making late payments, it would not be unfair to cancel the eviction since the Tenant only had one payment of $361.00 remaining and intended to pay it on time. The original conditional order from April 24, 2025, remains in effect.