Case Study

Eviction for non-payment of rent · Kitchener · LTB-L-094493-25

Ontario LTB order in Kitchener · February 3, 2026 · Consent

🕑 Case timeline

Application Date: Not Available

Hearing Date: December 22, 2025

Order Issued: February 3, 2026

Termination Date: Not Available

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-094493-25
Address: 1-61 ROY ST, KITCHENER, ON N2H4B4
Amount Awarded: $411.25
Decision In Favor: Resolved by consent
Application Type: Eviction for non-payment of rent
RTA Sections: Section 78

👥 Parties involved

Landlord: THE WINDERMERE APARTMENTS INC.
Landlord Rep: Self Represented
Tenant: KATRINA LOADER and BARON LOADER
Tenant Rep: Self Represented
Adjudicator:
Keywords: eviction, non-payment of rent, set aside, rent arrears

⚖️ Decision summary

This Landlord application — Eviction for non-payment of rent — was resolved by a consent order between the parties.

📑 Findings & determinations

It is ordered on consent that: 1. The Landlord consents to the Tenants’ set aside motion. The L4 Order LTB-L-094493- 25 issued on November 1 17, 2025 is set aside, cannot be enforced, and is replaced by this one. 2. The parties agreed that the total amount currently owing up to December 31, 2025 is $811.25 (made up of $625.25 in rent arrears plus $186.00 for reimbursement of the Landlord’s cost of filing the original L1 application). 3. The Landlord’s application for eviction is denied, on the conditions set out below: (a) on or before December 29, 2025, the Tenants shall pay the Landlord $411.25 towards rent arrears and costs; and (b) the Tenant shall pay the lawful monthly rent for January 2026 on or before January 1, 2026; and (c) on or before January 15, 2026, the Tenant shall pay the Landlord $400.00 towards the remaining balance of rent arrears. 4. If the Tenants fail to make the payments in accordance with paragraphs 3(a), 3(b) or 3(c) above, by the due dates listed , then the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act’) for an order terminating the tenancy and evicting the Tenants, and for the payment of any new arrears of rent and NSF charges not already ordered under paragraph 3 of this order. The Landlord must make the application within 30 days of a breach of a condition set out in paragraph 3 of this order. 5. The balance owing under paragraphs 2 and 3 of this order shall become payable on the day following the date of default. The monies owing shall bear interest at the post - judgment interest rate determined under su...
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