Order Been Enforced

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-21
CLNP Page ID:	1983
Page Categories:	Request to Review (LTB)
Citation:	Order Been Enforced, CLNP 1983, <>, retrieved on 2024-05-21
Editor:	MKent
Last Updated:	2023/01/24

Ali v. Toronto Community Housing Corporation, 2019 ONSC 3627 (CanLII)

[4] In 2015, the appellant accrued arrears leading Toronto Community Housing to apply to evict her. On April 22, 2015, the LTB issued an order finding that she owned $7,895.34 in arrears and evicting her unless she repaid those arrears. At the appellant’s request that the LTB review that order, and on Toronto Community Housing’s consent, the parties entered into a mediated repayment agreement regarding the then existing arrears of $625. The agreement provided that she make an upfront payment of $125 and pay her rent and $30 per month towards her arrears on the first of each month. If the appellant did not comply, it was agreed Toronto Community Housing could reapply to evict.

[5] The appellant soon breached the mediated agreement and did so more than 12 times in total. On March 29, 2017, the LTB issued an order finding that the appellant had breached the mediated agreement and ordered her evicted. On July 10, 2017 the appellant was evicted from the unit. It has sat empty pending this appeal.

[6] The appellant moved to set aside that order and filed a T2 application about tenant’s rights with the LTB alleging Toronto Community Housing illegally locked her out of the unit when it evicted her. She alleged that she had not received the eviction order and did not know of her impending eviction until the sheriff arrived at the unit.

[7] The LTB issued an interim order preventing Toronto Community Housing from re-renting the unit and requiring it to preserve the appellant’s belongings in the unit until the set-aside motion and T2 application were decided.