Case Study

LTB Order LTB-L-012098-26-SA | Pole Zero Design Inc. v. Paulo Monte & Angela Milne | Oshawa

Motion to set aside eviction order denied after tenants failed to attend hearing; stay lifted June 5, 2026

🕑 Case timeline

Application Date: Date not provided

Hearing Date: May 5, 2026

Order Issued: May 14, 2026

Termination Date: June 5, 2026

Eviction Deadline: June 5, 2026

ℹ️ Case overview

Case Number: LTB-L-012098-26-SA
Address: Main Floor, 751 Phillip Murray Ave, Oshawa ON L1J1J2
Form Used:
Served By:
Amount Awarded:
Decision In Favor: Landlord
Application Type: Motion to set aside eviction order for breach of payment conditions
RTA Sections: Section 78(11) – Residential Tenancies Act, 2006

👥 Parties involved

Landlord: Pole Zero Design Inc.
Landlord Rep: Joan Ly (agent)
Tenant: Paulo Monte, Angela Milne
Tenant Rep: Self Represented
Adjudicator: Jagger Benham
Keywords: eviction, set aside motion, abandoned motion, non-payment of rent, Section 78, stay lifted, tenant no-show

⚖️ Decision summary

Motion to set aside Order LTB-L-012098-26 is denied.
Stay of the eviction order is lifted effective June 5, 2026, allowing enforcement to proceed.

⚠️ Dispute summary

Tenants Paulo Monte and Angela Milne failed to meet conditions set in LTB order issued December 10, 2025 (file LTB-L-088435-25).
Landlord Pole Zero Design Inc. successfully obtained an eviction order on February 17, 2026 without a hearing.
Tenants filed a motion to set aside the order but did not attend the scheduled hearing on May 5, 2026.

📑 Findings & determinations

The tenants did not appear at the May 5, 2026 hearing to support their motion; the motion was found to be abandoned.
The stay of eviction order LTB-L-012098-26 is lifted on June 5, 2026.

💡 Summary points

Landlord applied under Section 78 after tenants breached conditions of a prior LTB order dated December 10, 2025.
Eviction order LTB-L-012098-26 was issued February 17, 2026 without a hearing.
Tenants filed a motion to set aside the eviction order but failed to appear at the May 5, 2026 videoconference hearing.
The motion was deemed abandoned; the stay of the eviction order was lifted effective June 5, 2026.
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🧑‍⚖️ Same adjudicator

Jagger Benham