Case Study

Abe v Bickerton & Priestley – LTB Eviction Order for Rent and Utility Arrears Exceeding $22,000

Ontario LTB orders eviction after adjournment denied; tenants owe over $11,000 in rent and $11,486 in unpaid hydro charges

🕑 Case timeline

Application Date: 2024 (L1: LTB-L-076816-24; L2: LTB-L-000868-25)

Hearing Date: April 7, 2026

Order Issued: May 27, 2026

Termination Date: June 7, 2026

Eviction Deadline: June 7, 2026

ℹ️ Case overview

Case Number: LTB-L-076816-24 & LTB-L-000868-25
Address: 87 Woodward Dr, Tiny ON L0L2J0
Form Used: N4 (non-payment of rent) and N5 (substantial interference)
Served By: Martin Abe (Landlord)
Amount Awarded: $13,600.00 (to void) or $10,856.92 plus $40.44/day + $11,672.26 (L2 total) if terminated
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent and substantial interference with landlord's rights including unpaid utilities and failure to maintain insurance
RTA Sections: Section 69 – Application to terminate tenancy and evict tenant, Section 88.1 – Tenant's failure to pay utility costs, Section 88.2 – Undue damage to property, Section 89 – Reasonable out-of-pocket expenses due to tenant conduct, Section 64(3) – N5 notice not voided within correction period, Section 74(11) – Motion to void eviction order upon payment, Section 81 – Expiry of eviction order if not filed with Sheriff, Section 83(1) – Relief from eviction / conditional order, Section 83(2) – Consideration of all disclosed circumstances, Section 82 – Tenant issues raised at hearing (dismissed)

👥 Parties involved

Landlord: Martin Abe
Landlord Rep: Nicola Bain (Legal Representative)
Tenant: Kaitlyn Bickerton and Brandon Priestley
Tenant Rep: Carolyn Bickerton (Tenant's mother, spoke on behalf of Tenant)
Adjudicator: Anthony Bruno
Keywords: eviction, rent arrears, utility arrears, non-payment, substantial interference, liability insurance, adjournment denied, peremptory order, Hydro One, N4 notice, N5 notice

⚖️ Decision summary

Tenancy terminated unless Tenant pays $13,600.00 on or before June 7, 2026 (L1 Application).
L2 Application: Tenant ordered to pay $11,486.26 in utility arrears plus $186.00 filing fee, totalling $11,672.26.
Daily compensation of $40.44 per day accrues from April 8, 2026 until unit is vacated.
If not vacated by June 7, 2026, Sheriff may enforce eviction from June 8, 2026.
Unpaid amounts after June 7, 2026 accrue simple interest at 4.00% annually.
Eviction order expires December 8, 2026 if not filed with the Court Enforcement Office.

⚠️ Dispute summary

Landlord filed L1 application for non-payment of rent and L2 application for substantial interference including unpaid utility costs and failure to maintain liability insurance.
Tenants failed to pay hydro charges they were contractually obligated to pay, forcing the Landlord to cover $11,486.26 in Hydro One bills.
Tenants allegedly submitted falsified proof of insurance; the named insurer confirmed no valid policy existed for the claimed period.
Tenant sought six-month adjournment citing emergency dental surgery on March 25, 2026, but provided no medical documentation.
Brandon Priestley, co-tenant, did not attend the hearing, citing work obligations.

📑 Findings & determinations

N4 notice was valid and not voided; rent arrears to May 2, 2026 are $11,140.00.
N5 notice was not voided; tenants engaged in prolonged failure to reimburse utility charges and failed to provide proof of liability insurance.
Adjournment request denied: no medical evidence filed, matter was peremptory on Tenant, significant prejudice to Landlord, accommodations were available but rejected.
Tenants' section 82 claims dismissed as they voluntarily ceased participation after adjournment was denied.
Relief from eviction denied under s.83; arrears are substantial, no repayment proposal advanced, no evidence of financial ability to repay.

💡 Summary points

Tenants accumulated over $11,140 in rent arrears and $11,486.26 in utility arrears, totalling more than $22,600 outstanding.
Tenant's request for a six-month adjournment was denied due to lack of medical evidence, prior adjournment, peremptory status, and availability of a second tenant who did not attend.
After adjournment was denied, Tenant disconnected from the hearing and declined mediation and all proposed accommodations.
Landlord proved unpaid Hydro One bills from February to December 2024 and tenants' failure to provide valid proof of liability insurance.
Board ordered termination of tenancy by June 7, 2026, with option to void by paying $13,600 on or before that date.
📄 View Official PDF

Share this case

🧑‍⚖️ Same adjudicator

Anthony Bruno