Toms v O'Donoughue

Landlord wins · Peterborough · 2025-09-11

Adjudicator

Panagiotis P. Roupas

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

T.T.

Tenant

J.O.

Tenant rep

Tiffany Badour

What happened

The Landlord applied to terminate the tenancy and evict the Tenant for significant rent arrears. The Tenant's legal representative requested an adjournment, claiming the Tenant was hospitalized, but failed to provide any supporting evidence or explain why the Tenant could not participate by phone. The adjournment was denied as the Tenant had three weeks since retaining counsel to prepare. The Landlord demonstrated that arrears had reached $9,500.00 and that previous attempts to establish a payment plan were unsuccessful. The Member found the tenancy was no longer viable given the Tenant's financial and health circumstances.

The ruling

The tenancy is terminated effective September 22, 2025. The Tenant must pay $8,035.88 to the Landlord for rent arrears and the filing fee. If the Tenant pays $9,686.00 (the amount including arrears to Sept 30) by September 22, 2025, the eviction is voided. Daily compensation of $62.47 applies from September 5, 2025, until the unit is vacated.