Last updated: July 26, 2024
Ordered by Sonia Anwar-Ali,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$4,720
to Landlord
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Citation: NJS Sherbourne Inc. v Horton, 2020 CanLII 120635
File Number: TSL-14661-20-SA
Application Date
Mar 2020
Hearing Date
Sep 2020
Order Date
Sep 16, 2020
The previous order TSL-14661-20 is set aside and replaced with a new 'pay on time' order for the next twelve months. The Tenant shall pay the rent as it comes due in full and on time, on the first day of each month commencing October 1, 2020 through to September 30, 2021. If the Tenant fails to comply, the Landlord may apply to the Board for an order terminating the tenancy and evicting the Tenant.
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant failed to meet a condition specified in the mediated settlement issued by the Board on September 26, 2019 with respect to application TSL-08472-19. The Tenant agreed she breached the terms of the agreement by failing to pay the rent for March 2020 in full and on or before March 3, 2020.
Landlord opposed the Tenant's request for a repayment plan, stating that the Landlord has previously mediated with the Tenant and was generous to allow the Tenant to pay the rent on the third of each month. Since the breach, the Tenant has continued to breach and is now in rent arrears of $4,719.98.
Tenant breached the mediated agreement by failing to pay the rent for March 2020 in full and on or before March 3, 2020. Tenant fell sick and lost her job due to the COVID-19 pandemic, but now has income from EI benefits and can pay rent on time and pay the arrears within 16 months.
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Rent Arrears
$4,720
Ordered Amount
$4,720 (to Landlord)
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