Case Study

LTB Order LTB-L-042709-26 – Eviction for Rent Arrears Breach | Rockwood, Ontario

Landlord Debora Patterson granted eviction and $17,176.93 judgment against tenants Ashley and Alex Lehunewycz for breaching prior LTB payment order

🕑 Case timeline

Application Date: May 15, 2026

Hearing Date: No hearing held (decided without a hearing)

Order Issued: May 25, 2026

Termination Date: June 5, 2026

Eviction Deadline: June 5, 2026

ℹ️ Case overview

Case Number: LTB-L-042709-26
Address: 280 Main St N, Rockwood ON N0B2K0
Form Used: Section 78(6) application under Residential Tenancies Act, 2006
Served By: Date not provided
Amount Awarded: $17,176.93 + $115.07 per day starting May 26, 2026
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent (Section 78 breach of prior order)
RTA Sections: Section 78(6) – Application without notice for breach of prior order, Section 78(9) – Tenant's right to file motion to set aside within 10 days, Section 81 – Eviction order expiry (December 6, 2026)

👥 Parties involved

Landlord: Debora Patterson
Landlord Rep: Self Represented
Tenant: Ashley Lehunewycz, Alex Lehunewycz
Tenant Rep: Self Represented
Adjudicator: Kelly Delaney
Keywords: Section 78, eviction, rent arrears, breach of order, non-payment of rent, LTB order, Rockwood Ontario, daily compensation, rent deposit

⚖️ Decision summary

Order LTB-L-055149-25 is cancelled and replaced by this order.
Tenancy is terminated; tenants must vacate by June 5, 2026.
Tenants owe $17,176.93 plus $115.07 per day from May 26, 2026 until vacating.
If not paid by June 5, 2026, simple interest at 4.00% annually accrues from June 6, 2026.
Eviction order expires December 6, 2026 if not filed with the Sheriff.

⚠️ Dispute summary

Landlord applied under Section 78 after tenants breached the conditional payment order issued October 3, 2025 (LTB-L-055149-25).
Tenants did not pay the monthly rent by May 20, 2026, and failed to make the required $500.00 arrears installment by May 15, 2026.
Accumulated arrears span from before September 30, 2025 through to May 25, 2026, totaling over $20,000 before credits.

📑 Findings & determinations

The Landlord was entitled to file a Section 78 application without notice due to the tenants' breach of the prior conditional order, and the application was filed within 30 days of the breach.
Tenants breached two conditions: failure to pay rent by May 20, 2026, and failure to pay $500.00 in arrears by May 15, 2026.
The remaining balance of $4,536.00 from prior order LTB-L-055149-25 is incorporated into this order, which replaces the prior order.
New arrears of $16,275.35 accumulated from November 21, 2025 to May 25, 2026.
The $3,500.00 rent deposit and $134.42 interest (October 5, 2024 to May 25, 2026) are credited against the total amount owing.

💡 Summary points

Tenants failed to pay lawful monthly rent due May 20, 2026, and failed to pay $500.00 toward arrears due May 15, 2026, breaching prior order LTB-L-055149-25.
Total amount owed is $17,176.93, comprising $4,536.00 from the previous order, $16,275.35 in new arrears, less $3,500.00 rent deposit and $134.42 interest on deposit.
Tenants must vacate by June 5, 2026; Sheriff may enforce eviction from June 6, 2026 onward.
Daily compensation of $115.07 applies from May 26, 2026 until tenants vacate.
Tenants have until June 4, 2026 to file a motion to set aside the order under s. 78(9).
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