Keywords: set aside motion denied, eviction, non-payment of rent, breach of conditions, Section 78, stay lifted, consent order
⚖️ Decision summary
Ordered on consent: motion to set aside eviction order LTB-L-042709-26 is denied.
Stay of eviction order LTB-L-042709-26 is lifted effective August 1, 2026.
No monetary amount was ordered in this motion order.
⚠️ Dispute summary
Tenants failed to meet a condition specified in LTB order issued October 3, 2025 (application LTB-L-055149-25), related to payment of rent.
Landlord filed a Section 78 application, resulting in an eviction order issued without a hearing on May 25, 2026.
Tenants sought to set aside that eviction order via a motion heard July 6, 2026, but did not succeed.
📑 Findings & determinations
The motion to set aside order LTB-L-042709-26 is denied.
The stay of the eviction order is lifted on August 1, 2026, meaning tenants must vacate by that date.
💡 Summary points
Landlord Debora Patterson applied under Section 78 after tenants Ashley and Alex Lehunewycz breached conditions of a prior LTB order dated October 3, 2025.
An eviction order (LTB-L-042709-26) was issued without a hearing on May 25, 2026.
Tenants filed a motion to set aside the eviction order; the motion was heard by videoconference on July 6, 2026.
The motion to set aside was denied on consent, and the stay of the eviction order was lifted effective August 1, 2026.
