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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

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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