LTB Order LTB-L-000610-23

Order under Section 78(11) 2023 ONLTB 38601 (CanLII) Residential Tenancies Act, 2006 Citation: C. of B., H. v S., 2023 ONLTB 38601 Date: 2023-05-19 File Number: LTB-L-000610-23-SA In the matter of: C, 124 SHERWOOD DR B. ON N3T1N9 Between: C.O.B.A.H. L. A. D. S. Tenant C.O.B.A.H. (the 'L.') applied for an order to terminate the tenancy A. evict D. S. (the 'Tenant') because the Tenant did not meet a condition specified in the order issued by the LTB on June 3, 2022 with respect to application SOL-24940-21. The application was resolved by order LTB-L-000610-23 issued on March 21, 2023. On April 11, 2023 the Tenant filed a motion to set-aside order LTB-L-000610-23 along with a request to extend time to file the motion which was granted. The motion was heard by videoconference on May 4, 2023. The L.’s representative, Nicole Murray, A. the Tenant attended the hearing. Joshua Harvey (‘JH’) attended the hearing as witness for the L.. Determinations: 1. The order provides that the L. can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenant to terminate the tenancy A. evict the Tenant if the Tenant does not meet certain condition(s) in the order. This application was filed within 30 days of the breach. 2. I find that the Tenant has not met the following condition specified in the order: The Tenant made excessive noise on December 31, 2022 which required police attendance to the residence. As part of the original order, the Tenant was not to make excessive noise for a period of 12 months from January 5, 2022 to January 4, 2023.  3. The Tenant testified that they were not aware of any excessive noise on this date A. suggested that it may have been the result of her moving items from her unit to the basement A. using the stairs. The Tenant had been cleaning her unit by sorting A. Order Page: 1 of 2 2023 ONLTB 38601 (CanLII) File Number: LTB-L-000610-23-SA cleaning A. donating items she no longer needed. The Tenant suggested that the music likely came from her television while she was playing her Queen CD. The Tenant confirmed that police attended her unit at around 9am on December 31st. 4. The Tenant further stated that she is often disturbed by someone’s CPAP machine A. that the sound of it makes her turn her music up in order to drown out the noise of it. The Tenant further indicated that she would like to maintain her tenancy because she has a homeless brother that she looks out for A. she often goes to visit her mother to care for her on the other side of town. That if she were to become homeless, she would no longer be able to provide the ongoing support her family requires. 5. JH testified that the noise started on December 30, 2022 with constant loud music A. banging onwards to December 31, 2022 until about 2 or 3am A. that they called the police because of the ongoing noise. The police did not attend the unit until around 9am on December 31st. 6. JH further testified that the police told him that he was charging the Tenant with mischief A. that the Tenant was uncooperative when the police spoke to them. 7. JH further testified that the issue with the noise is unrelenting A. has been going on for several months. The most recent incident being the day before the hearing between 8pm A. into the morning until 3am with loud music playing A. persistent banging on the walls to their unit. JH has a child A. family A. the noise often disturbs them. The music is loud enough that they can clearly hear which song is playing at any given time. 8. Although it is admirable what the Tenant does to support her own family, on a balance of probabilities, I find that the Tenant made excessive noise on December 31, 2023 A. this is a breach of the order. Additionally, the Tenant continues to make excessive noise. 9. The Tenant has lived in the rental unit for about six A. a half years. They are on subsidized H. A. an eviction could mean that she would be homeless A. without support. 10. The L. provided the Tenant with some resources for H. options A. resources for alternative H.. 11. Given the length of time the Tenant has resided in the unit A. based on other H. availability, I find it appropriate to give the Tenant more time to move out of the unit A. will provide additional time before the stay is lifted. It is ordered that:  1. The motion to set aside Order LTB-L-000610-23 is denied. The order remains unchanged. 2. The stay of Order LTB-L-000610-23 is lifted on June 30, 2023. May 19, 2023 ____________________________ Date Issued Terri van Huisstede 2023 ONLTB 38601 (CanLII) Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page: 2 of 2