Toronto Seniors Housing Corporation v Halabi

Split/Other wins · Scarborough · 2025-05-21

Adjudicator

Benjamin Seigel

Dispute

Breach of Conditions, Non-payment of Rent

Amount

$10-20K

Landlord

T.S.H.C.

Tenant

W.H.

Landlord rep

Adam Fraccaro

Tenant rep

Kevin Laforest

What happened

The Landlord, a seniors housing corporation, applied to evict the 80-year-old Tenant for breaching a previous LTB payment plan order. The Tenant filed a motion to set aside the resulting ex-parte eviction order. The Tenant admitted to the breach, citing a gambling problem and inability to afford payments. Despite his lack of action to address the addiction, the Board Member granted the motion due to the Tenant's age, limited income, and a pending estate settlement that could cover the arrears. The eviction order was replaced with a new voidable order, giving the Tenant until June 30, 2025, to pay the full arrears of over $16,000.

The ruling

The Tenant's motion to set aside an eviction order is granted. The prior eviction order and payment plan order are cancelled and replaced. The tenancy is terminated effective June 30, 2025, unless the Tenant pays the full outstanding amount of $16,924.00 by that date. If the Tenant fails to pay and does not move out, the Landlord can file the order with the Sheriff for eviction on or after July 1, 2025.