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Case Study

LTB Order on Tenant Eviction and Rent Arrears

Decision on Tenant's Motion to Set Aside Eviction Order

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-11-09

Order Issued: 2023-11-21

Termination Date: Not specified

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-071724-23-SA
Address: 8, 31 Mather St, Perth ON K7H3K7
Form Used: Not specified
Served By: Not specified
Amount Awarded: Not specified
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 78(11)(b)

👥 Parties involved

Landlord: George Libunao
Landlord Rep: Self Represented
Tenant: Karen McDonald
Tenant Rep: Linda Tranter
Adjudicator: John Cashmore
Keywords: eviction, non-payment, rent arrears, ODSP delay, discretionary relief

⚖️ Decision summary

Board found it would not be unfair to set aside the eviction order.
Tenant allowed to continue tenancy under original order conditions.

⚠️ Dispute summary

Tenant failed to pay rent on time due to ODSP processing delay.
Landlord sought eviction based on this breach.
Tenant contested the eviction citing timely payments on other occasions and ongoing compliance.

📑 Findings & determinations

Eviction order set aside due to the Tenant's substantial compliance and minimal impact of one late payment.
Original terms of tenancy to continue under reinstated order.

💡 Summary points

Tenant's motion to set aside the eviction order was granted.
Original order reinstated due to Tenant's compliance except for one late payment.
Landlord's claims of ongoing issues were considered but not found to significantly impact the decision.
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🧑‍⚖️ Same adjudicator

John Cashmore

📂 Related by application type

Eviction for non-payment of rent