Zarawar v Sparks

Landlord wins · Whitby · 2025-07-18

Adjudicator

Karen Gonçalves

Dispute

Breach of Conditions, Non-payment of Rent

Amount

>$20K

Landlord

S.Z.

Tenant

T.S., A.R.D.

Tenant rep

Tracy Ryman

What happened

The Tenants filed a motion to set aside an ex parte order (LTB-L-039650-25) which terminated the tenancy and ordered eviction due to the Tenants' failure to meet conditions in a previous Board order. The Tenants sought an adjournment claiming they were unaware of the hearing and that their representative was unavailable. The Landlord opposed this, providing evidence that the Tenants had been notified and were allegedly misleading the Board. The Tenants failed to appear for the hearing on the motion.

The ruling

The Board denied the Tenants' motion to set aside the eviction order. The Tenants' request for an adjournment was rejected after the Landlord presented evidence suggesting the Tenants misled the Board about their availability and representation. The stay on the previous eviction order was lifted immediately, allowing the Landlord to proceed with eviction, as rent arrears are claimed to be approximately $46,000.00.