Toronto Community Housing Corporation v Samuels
Landlord wins · Toronto · 2025-08-27
- Adjudicator
- Benjamin Seigel
- Dispute
- Breach of Conditions, Non-payment of Rent
- Amount
- >$20K
- Landlord
- T.C.H.C.
- Tenant
- R.S.
- Landlord rep
- Dale Maingop
- Tenant rep
- Janet Brakohiapa
What happened
The Tenant filed a motion to set aside an ex-parte eviction order issued after he breached a mediated payment plan. The Tenant acknowledged the breach, failing to pay $1,000.00 by May 2025 and failing to pay June 2025 rent. He cited various personal hardships including mental health issues, a broken leg, and being laid off. He admitted to using his EI income to pay off a separate debt for his family's safety instead of paying rent. The Landlord opposed the motion, noting the Tenant had breached three previous payment agreements and owed approximately $25,000.00 in arrears accumulated over three years.
The ruling
The Tenant's motion to set aside the eviction order is denied. The Board found it would be unfair to impose another payment plan on the Landlord given the $25,000 in arrears and the Tenant's history of multiple breached agreements. The stay on the previous eviction order is lifted effective September 15, 2025, providing the Tenant a short window to find alternate housing due to his physical and mental health challenges.