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Case Study

LTB Order on Motion to Set Aside Eviction - Tough v Nicholson

Detailed review and directives on eviction motion set aside

🕑 Case timeline

Application Date: Date not provided

Hearing Date: March 16, 2023 and adjourned to May 5, 2023

Order Issued: 2023-05-15

Termination Date: Date not provided

Eviction Deadline: May 19, 2023

ℹ️ Case overview

Case Number: LTB-L-018411-23-VO
Address: 823, 2490 Old Bronte Road, Oakville, ON L6M0Y5
Form Used: HOL-12206-21
Served By: Court Enforcement Office (Sherriff)
Amount Awarded: $167.00
Decision In Favor: Tenant
Application Type: Motion to set aside an eviction order
RTA Sections: Subsection 74(11), Subsection 74(14)

👥 Parties involved

Landlord: Laurie Tough
Landlord Rep: William Redgate
Tenant: Sarah Nicholson
Tenant Rep: Audrey Huntley
Adjudicator: Alicia Johnson
Keywords: eviction, arrears, motion to set aside, payment

⚖️ Decision summary

Eviction order HOL-12206-21 is void if Tenant pays $167.00 by May 19, 2023.
If payment is not made by the deadline, the eviction order becomes enforceable.

⚠️ Dispute summary

Tenant paid all due amounts to void an earlier eviction order but did not cover enforcement costs.

📑 Findings & determinations

Tenant had not previously made a motion to set aside an eviction order during this tenancy.
Tenant paid all arrears and additional costs totaling $11,049.00.
Landlord incurred $334.00 in non-refundable enforcement costs.
Landlord agreed to accept $167.00 as reimbursement for enforcement costs.

💡 Summary points

Tenant's motion to set aside eviction order was granted under specific conditions.
Payment of $167.00 by the Tenant to the LTB is required to void the eviction order.
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🧑‍⚖️ Same adjudicator

Alicia Johnson

📂 Related by application type

Motion to set aside an eviction order