Case Study

LTB Order LTB-L-013707-26 – Eviction for Rent Arrears and Utility Non-Payment in Gananoque

Gananoque Family Housing Inc. vs. Cynthia Gaw – Tenancy Terminated for Non-Payment of Rent and Utilities

🕑 Case timeline

Application Date: Date not provided

Hearing Date: May 19, 2026

Order Issued: May 28, 2026

Termination Date: June 8, 2026

Eviction Deadline: June 8, 2026

ℹ️ Case overview

Case Number: LTB-L-013707-26
Address: 6, 334 Victoria Ave, Gananoque ON K7G3C8
Form Used: N4 Notice (Non-payment of Rent), N5 Notice (Substantial Interference)
Served By: Landlord
Amount Awarded: $4,728.01
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent and substantial interference with reasonable enjoyment (utilities and noise)
RTA Sections: Section 69 – Application to terminate tenancy, Section 64(3) – Voiding an N5 notice by remedying the problem within 7 days, Section 83(1) – Relief from eviction, Section 83(2) – Consideration of circumstances before ordering eviction, Section 81 – Expiry of eviction order if not filed with Sheriff

👥 Parties involved

Landlord: Gananoque Family Housing Inc. c/o Evolution Prop. Mgmt.
Landlord Rep: Lisa Lynn Duchene (Legal Representative), Lucas Logie (Agent)
Tenant: Cynthia Gaw
Tenant Rep: Self Represented (did not attend)
Adjudicator: Kate Sinipostolova
Keywords: eviction, non-payment of rent, rent arrears, utility arrears, substantial interference, subsidized housing, N4 notice, N5 notice, noisy behaviour, aggressive behaviour, water bill, LTB order

⚖️ Decision summary

Tenancy terminated effective June 8, 2026 based on the L2 Application.
Tenant ordered to pay $2,022.07 (rent arrears to hearing date plus $186.00 filing costs).
Tenant ordered to pay $2,705.94 for unpaid water utility costs covered by the Landlord.
Tenant ordered to pay $4.67 per day in compensation from May 20, 2026 until vacating.
Total amount owed is $4,728.01; interest at 4.00% per annum applies from June 9, 2026 if unpaid.
Sheriff may enforce eviction from June 9, 2026; eviction order expires December 9, 2026 if not filed.

⚠️ Dispute summary

Tenant failed to pay rent, accumulating arrears of $1,889.34 up to May 31, 2026.
Tenant failed to pay water bills as required under the tenancy agreement; outstanding balance of $2,705.94 was paid by the Landlord on the Tenant's behalf.
Tenant allegedly disturbed other tenants with noisy and aggressive behaviour, as cited in the N5 Notice dated January 21, 2026.
Tenant did not repay utilities within seven days of receiving the N5 Notice and therefore did not void it.

📑 Findings & determinations

The N4 Notice was valid and the Tenant did not void it by paying arrears before the application was filed.
The lawful monthly rent is $142.00, due on the 1st of each month; daily rate is $4.67.
Rent arrears owing to May 31, 2026 total $1,889.34; no last month's rent deposit exists.
The Tenant is responsible for water, gas, and electricity under the tenancy agreement; the Landlord paid $2,705.94 in unpaid water bills on the Tenant's behalf.
The Tenant did not void the N5 Notice by repaying utilities within seven days as required by s.64(3) of the RTA.
On a balance of probabilities, the Tenant substantially interfered with the Landlord's rights by failing to pay required utilities.
Relief from eviction was denied as the Tenant was absent and the Landlord was unaware of any reasons to delay eviction.

💡 Summary points

The Landlord applied to evict the Tenant for non-payment of rent (L1) and substantial interference including unpaid utilities and disruptive behaviour (L2).
The Tenant did not attend the hearing and did not void either the N4 or N5 notices.
The Board terminated the tenancy based on the L2 application, with a move-out deadline of June 8, 2026.
The Tenant owes $2,022.07 in rent arrears and filing costs, plus $2,705.94 in unpaid water utility costs, totalling $4,728.01.
Daily compensation of $4.67 applies from May 20, 2026 until the Tenant vacates.
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🧑‍⚖️ Same adjudicator

Kate Sinipostolova