Zhou v Gunpath
Tenant wins · Toronto · 2025-07-08
- Adjudicator
- Amanda Kovats
- Dispute
- Non-payment of Rent, Review Of Order, Wrongful Eviction
- Notice
- Non-payment of rent (N4)
- Landlord
- J.Z.
- Tenant
- A.G.
What happened
The Tenant filed a motion to void an eviction order after paying the full arrears. Although the LTB issued a voiding order, a clerical error resulted in the order being sent to the wrong email for the Sheriff. Consequently, the Sheriff enforced the eviction on June 27, 2025, despite the order being void. The Landlord subsequently sought to set aside the voiding order, while the LTB initiated a review due to the serious procedural error of the wrongful eviction.
The ruling
The Landlord's motion to set aside the voiding order is denied. The LTB confirms that the original eviction order is void. The Landlord is ordered to immediately restore the Tenant to possession of the unit and provide access to all belongings. If the Landlord fails to comply, the Tenant is authorized to file the order with the Sheriff for expedited enforcement to regain entry.