Toscani v Escobar

Landlord wins · Hamilton · 2025-05-23

Adjudicator

Frank Ebner

Dispute

Breach of Conditions

Landlord

G.T.

Tenant

Y.E.

Tenant rep

Lewis Escobar

What happened

The Landlord filed an application because the Tenant breached a condition from a previous LTB order (LTB-L-056353-24) by failing to pay February 2025 rent. The LTB issued an ex-parte eviction order (LTB-L-016300-25). The Tenant then filed a motion to set aside this ex-parte order. The motion was heard, and the Tenant's agent argued a banking issue caused the non-payment, which was not substantiated. The motion was denied, and the stay on the eviction order was set to be lifted on June 30, 2025.

The ruling

The Tenant's motion to set aside an eviction order (LTB-L-016300-25) is denied. The eviction order was issued after the Tenant failed to comply with a previous conditional order by not paying February 2025 rent. The Tenant's agent failed to prove the rent was paid or that non-payment was due to a banking error. The Board found it would be unfair to the Landlord to continue the tenancy given the ongoing arrears and resulting financial distress. The stay on the eviction order is lifted effective June 30, 2025.