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Case Study

Eviction Order for Non-Payment and Breach of Conditions

Homestead Land Holdings Limited vs. Carlster Eway and Esteria Eway

🕑 Case timeline

Application Date: Date not provided

Hearing Date: September 5, 2023

Order Issued: November 17, 2023

Termination Date: November 30, 2023

Eviction Deadline: November 30, 2023

ℹ️ Case overview

Case Number: LTB-L-051672-23-SA
Address: 211, 1000 MOUNT PLEASANT ROAD, TORONTO ON M4P2M2
Form Used: Not specified
Served By: Not specified
Amount Awarded: $12,000.00
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent and failure to meet conditions of a previous order
RTA Sections: Section 78(6), Section 78(1), Subsection 78(11)(b)

👥 Parties involved

Landlord: Homestead Land Holdings Limited
Landlord Rep: Lee-Anne Thibert
Tenant: Carlster Eway, Esteria Eway
Tenant Rep: Self Represented
Adjudicator: Susan Priest
Keywords: eviction, non-payment, repayment plan, ex parte order

⚖️ Decision summary

The board found the tenants' proposed repayment plan unrealistic.
The board decided it would be unfair to the landlord to set aside the eviction order.

⚠️ Dispute summary

Tenants breached a payment plan established by a previous order.
Landlord applied for eviction under section 78 of the RTA.

📑 Findings & determinations

Tenants' motion to set aside the eviction order is denied.
Stay of eviction order lifted, effective November 30, 2023.

💡 Summary points

Tenants failed to meet the conditions of a previous order.
Tenants did not make payments as ordered on multiple occasions.
Motion to set aside the eviction order was denied.
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🧑‍⚖️ Same adjudicator

Susan Priest