Leahu v Jarbeau
Last updated: February 7, 2026
Order
Ordered by Diane Wade,Tribunals Ontario under Section 69, Statutory Powers Procedure Act and Residential Tenancies Act, 2006
Dispute resolved in
Agreement
Previous Order
Upheld
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Leahu v Jarbeau, 2025 ONLTB 62174
File Number: LTB-L-022069-25-RV
Timeline
Tenancy End Date
Jul 2025
Hearing Date
Aug 2025
Order Date
Aug 15, 2025
Decision
The Tenant's request for a review was denied because a new hearing would not alter the requirement to vacate for unit conversion. However, the original eviction order was stayed until September 30, 2025, providing the Tenant with an additional two months to relocate due to financial constraints and the city-ordered conversion of the illegal unit.
Reason for Eviction Relief
Extension of time to vacate granted due to Tenant's financial hardship and Landlord's agreement to a later date.
Dispute
The Landlords applied to terminate the tenancy to convert the rental unit into non-residential use following an order from the City of Kitchener regarding an illegal unit. An initial order was issued in July 2025 in the Tenant's absence. The Tenant requested a review, claiming he never received the hearing notice and requested more time to move due to financial difficulties.
Determinations
- Tenant was not reasonably able to participate in the original proceeding due to lack of notice
- A new hearing would not change the outcome as the unit conversion is required by city order
- Tenant knew about the move since March 2025 and received compensation
- Tenant has stopped paying rent
- Lifting the stay on September 30, 2025, is a reasonable compromise
Landlord's Arguments
Arguments
The Landlord argued that the Tenant had known about the need to move for months and that further delay would cause financial prejudice.
Actions and Evidence
The Landlord's representative stated the Tenant was served an N13 in March 2025 and paid one-month compensation. He noted the Tenant had stopped paying rent and was seen moving belongings out of the unit.
Tenant's Arguments
Arguments
The Tenant argued that he was not reasonably able to participate in the initial hearing and sought a review of the termination order to gain more time to move.
Actions and Evidence
The Tenant testified he did not receive the hearing notice. He admitted he knew the Landlord received a city order because the unit was illegal and non-compliant. He requested an extension to October 31, 2025, citing 'money issues'.
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