Last updated: July 22, 2024
Ordered by Heather Chapple,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$9,514
to Landlord
Agree with the ruling?
Citation: Windsor Essex Community Housing Corporation v Vachon, 2023 CanLII 134985 (ON LTB)
File Number: LTB-L-077556-22-SA
Application Date
Jan 2022
Hearing Date
Mar 2023
Order Date
Mar 29, 2023
Tenancy End Date
Apr 2023
The Board denied the Tenant's motion to set aside the eviction order, finding that the Tenant breached the previous order and the tenancy was not viable. The Board lifted the stay of the eviction order, giving the Tenant three weeks to find alternate accommodations.
Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's failure to meet a condition specified in a previous order issued by the Board. The Tenant filed a motion to set aside the order.
Landlord's representative opposed setting aside the ex-parte order, stating that the tenancy is not sustainable and the arrears have grown to $9,514. The representative also stated that the Tenant's promises are disappointing and her proposal is not realistic.
Landlord's representative submitted that the Landlord received two payments from the Tenant in October 2022 totaling $654, which were applied to rent, but the rent is $756 per month. The Landlord's representative also submitted that the Tenant has not paid full rent since November 14, 2022.
Tenant argued she has not breached the order and has not missed any payments, but provided no proof.
Tenant stated she has been working with several people for additional funding and has been paying $220 per month, but provided no proof. Tenant also stated she might have paid November 2022 rent late and was only paying $219 per month.
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Lawful Rent
$756
Rent Arrears
$9,514
Ordered Amount
$9,514 (to Landlord)
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