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Case Study

LTB Order on Motion to Set Aside Eviction - 2827 Bathurst Ltd v Burns

Detailed analysis of tenant's successful motion to set aside eviction due to payment of arrears

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-01-23

Order Issued: 2023-02-16

Termination Date: Not applicable

Eviction Deadline: 2023-02-23

ℹ️ Case overview

Case Number: LTB-L-001848-23-VO
Address: 1-2825 Bathurst Street, North York, ON M6B 3A4
Form Used: Not specified
Served By: Not specified
Amount Awarded: $6,322.40
Decision In Favor: Tenant
Application Type: Motion to set aside an eviction order
RTA Sections: Subsection 74(11), Subsection 74(14)

👥 Parties involved

Landlord: 2827 Bathurst Ltd
Landlord Rep: Landlord’s Legal Representative
Tenant: Fumi Fujita, Ryan Burns
Tenant Rep: Self Represented
Adjudicator: Jagger Benham
Keywords: eviction, arrears, set aside, payment

⚖️ Decision summary

Eviction order voided conditionally on payment of enforcement costs by February 23, 2023.
If payment is not made by the deadline, the eviction order becomes enforceable.

⚠️ Dispute summary

Motion to set aside an eviction order based on full payment of arrears and additional costs.
Dispute over enforcement costs incurred by the landlord.

📑 Findings & determinations

Tenants had not previously made a motion to set aside an eviction order.
Tenants paid all due amounts including rent, NSF fees, and application fees.
Tenant required to pay additional enforcement costs to void the eviction order.

💡 Summary points

Tenants filed a motion to set aside an eviction order after paying required arrears.
Landlord incurred non-refundable enforcement costs.
Order to pay enforcement costs extended to February 23, 2023.
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🧑‍⚖️ Same adjudicator

Jagger Benham

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Motion to set aside an eviction order