LTB Order LTB-L-000047-26

Order under Section 69 Residential Tenancies Act, 2006 Citation: D. v M., 2026 ONLTB 21593 Date: 2026-03-12 File Number: LTB-L-000047-26 In the matter of: 220 RAILWAY ST STURGEON FALLS ON P2B3B2 Between: J.D. Landlords David Magann MAR 12, 2026 And D.M. Tenant J.D. and David Magann (the 'Landlords') applied for an order to terminate the tenancy and evict D.M. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 9, 2026. The Landlords, the Landlords’ Representative, Paige Keen, and the Tenant attended the hearing. Determinations: 1. The Landlords served the Tenant with a valid Notice to End Tenancy Early for Non- payment of Rent (N4 Notice). The Tenant did not void the notice by paying the amount of rent arrears owing by the termination date in the N4 Notice or before the date the application was filed. 2. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $3,000.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $98.63. This amount is calculated as follows: $3,000.00 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to March 31, 2026, are $12,000.00. 7. The Landlords incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. Order Page 1 of 3  File Number: LTB-L-000047-26 9. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including whether the Landlords attempted to negotiate a repayment agreement with the Tenant and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: 1. The tenancy between the Landlords and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlords or to the LTB in trust:  $12,186.00 if the payment is made on or before March 23, 2026. See Schedule 1 for the calculation of the amount owing. 3. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after March 23, 2026, but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before March 23, 2026. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlords $10,073.67. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenant shall also pay the Landlords compensation of $98.63 per day for the use of the unit starting March 10, 2026, until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlords the full amount owing on or before March 23, 2026, the Tenant will start to owe interest. This will be simple interest calculated from March 24, 2026, at 4.00% annually on the balance outstanding. 8. If the unit is not vacated on or before March 23, 2026, then starting March 24, 2026, the Landlords may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 9. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlords on or after March 24, 2026. March 12, 2026 ____________________________ Date Issued Dawn Carr Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 Order Page 2 of 3  File Number: LTB-L-000047-26 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on September 24, 2026, if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before March 23, 2026. Rent Owing to March 31, 2026 $12,000.00 Application Filing Fee $186.00 Total the Tenant must pay to continue the tenancy $12,186.00 B. Amount the Tenant must pay if the tenancy is terminated. Rent Owing to Hearing Date $9,887.67 Application Filing Fee $186.00 Total amount owing to the Landlords $10,073.67 Plus, daily compensation owing for each day of occupation starting $98.63 March 10, 2026 (per day) **Ongoing daily compensation continues to accumulate until the total amount owing (excluding costs) is $50,000.00. Order Page 3 of 3