Case Study

LTB Order LTB-L-028922-26 – Eviction for Breach of Prior Order | St. Thomas, ON

Pal v. Daley & Neufeld: Section 78 eviction granted for failure to pay rent and arrears per prior LTB consent order

🕑 Case timeline

Application Date: April 1, 2026

Hearing Date: No hearing held

Order Issued: April 13, 2026

Termination Date: April 24, 2026

Eviction Deadline: April 24, 2026

ℹ️ Case overview

Case Number: LTB-L-028922-26
Address: 31 Ashberry Pl., St Thomas ON N5R0H7
Form Used: Section 78 application (no hearing required)
Served By: Date not provided
Amount Awarded: $11,548.30 plus $90.41 per day starting April 14, 2026
Decision In Favor: Landlords
Application Type: Eviction for breach of prior consent order (non-payment of rent and arrears)
RTA Sections: Section 78 – Application without notice where tenant breaches prior consent order, Section 78(6) – Order under which this decision is made, Section 78(9) – Tenant's right to file motion to set aside within 10 days, Section 81 – Expiry of eviction order if not filed with Sheriff within 6 months

👥 Parties involved

Landlord: Rajinder Pal and Archana Pal
Landlord Rep: Self Represented
Tenant: Derek Daley and Aganetha Neufeld
Tenant Rep: Self Represented
Adjudicator: Alicia Johnson
Keywords: Section 78, eviction, rent arrears, breach of consent order, non-payment of rent, daily compensation, Residential Tenancies Act 2006

⚖️ Decision summary

Prior order LTB-L-045127-25 is cancelled and replaced by this order.
Tenancy is terminated; Tenants must vacate by April 24, 2026.
If Tenants do not vacate, Landlords may file with the Sheriff on or after April 25, 2026 to enforce eviction.
Tenants owe $11,548.30 (less any payments made after April 1, 2026) plus $90.41 per day from April 14, 2026.
If full payment is not made by April 24, 2026, simple interest at 4.00% per annum accrues from April 25, 2026.
Tenants have until April 23, 2026 to file a motion to set aside this order under s. 78(9); if filed, a hearing will be scheduled.
The eviction portion of this order expires October 25, 2026 if not filed with the Sheriff by that date.

⚠️ Dispute summary

Landlords Rajinder and Archana Pal sought eviction and payment of outstanding rent arrears from Tenants Derek Daley and Aganetha Neufeld at 31 Ashberry Pl., St. Thomas.
A prior consent order (LTB-L-045127-25) required Tenants to pay ongoing rent and arrears in installments; Tenants failed to comply with March 2026 payment conditions.
The Section 78 application was filed April 1, 2026, within 30 days of the breach, and decided without a hearing.

📑 Findings & determinations

Tenants failed to pay the lawful monthly rent of $2,750.00 on or before March 15, 2026, breaching the prior order.
Tenants failed to pay the required arrears installment of $1,000.00 on or before March 31, 2026, breaching the prior order.
Of the $13,836.00 originally ordered in LTB-L-045127-25, $8,836.00 remains outstanding and is carried into this order.
New arrears of $2,712.30 accumulated for the period March 15, 2026 to April 13, 2026.
Daily compensation of $90.41 per day is owed from April 14, 2026 until the Tenants vacate the unit.

💡 Summary points

Landlords applied under Section 78 of the Residential Tenancies Act, 2006 after Tenants breached a prior LTB consent order (LTB-L-045127-25) issued August 21, 2025.
Tenants failed to pay lawful rent of $2,750.00 by March 15, 2026, and arrears installment of $1,000.00 by March 31, 2026.
Order terminates the tenancy effective April 24, 2026, and awards $11,548.30 plus $90.41 per day from April 14, 2026.
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🧑‍⚖️ Same adjudicator

Alicia Johnson