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Case Study

LTB Order on Motion to Set Aside Eviction - PREMAX Management Limited v Manonga

Detailed Analysis of Tenant's Motion to Revoke Eviction After Full Payment

🕑 Case timeline

Application Date: Date not provided

Hearing Date: March 8, 2023

Order Issued: May 7, 2023

Termination Date: February 14, 2023

Eviction Deadline: February 14, 2023

ℹ️ Case overview

Case Number: LTB-L-073976-22-VO
Address: 1205, 3400 Eglinton Ave E, Toronto Ontario M1J2H8
Form Used: Not specified
Served By: Sheriff
Amount Awarded: $17,851.88
Decision In Favor: Tenant
Application Type: Motion to set aside an eviction order
RTA Sections: Subsection 74(11), Subsection 74(13), Subsection 74(14)

👥 Parties involved

Landlord: PREMAX Management Limited
Landlord Rep: M. Premje, D. Ciobotaru
Tenant: Steve K Manonga
Tenant Rep: K. LaForest
Adjudicator: Not specified
Keywords: eviction, abuse of process, payment of arrears, reinstatement

⚖️ Decision summary

The eviction and re-renting of the unit were found to be an abuse of process.
Landlord should have checked for a stay following Tenant's payment.

⚠️ Dispute summary

Tenant sought to void an eviction order by paying all dues.
Landlord evicted the tenant and re-rented the unit despite the payment.

📑 Findings & determinations

Tenant's payment was acknowledged by the Landlord.
Eviction was enforced despite a stay being in place.
Landlord's re-renting of the unit deemed an abuse of process.

💡 Summary points

Tenant paid all arrears and additional costs to void the eviction order.
Landlord proceeded with eviction despite payment, leading to allegations of abuse of process.
Board found Landlord's actions constituted an abuse of process.
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🧑‍⚖️ Same adjudicator

Not specified

📂 Related by application type

Motion to set aside an eviction order