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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

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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