LTB Order LTB-L-002391-22

2023 ONLTB 25394 (CanLII) In T. matter of: 211B Cedar Street North Timmins ON P4N6J5 Between: S.N.G.A.R.M. L. A. O. U. S. 21.2 of T. S. P. P. A. A. T. R. Tenancies A., 2006 Citation: slm7 v Ouellet, 2023 ONLTB 25394 Date: 2023-03-13 File Number: LTB-L-002391-22-RV Yves Ouellet Tenant Review O. S.N.G.A.R.M. (T. 'Landlord') applied for an O. to terminate T. tenancy A. evict Yves Ouellet (T. 'Tenant') because T. Tenant did not pay T. rent that T. Tenant owes. This application was resolved by O. LTB-L-002391-22 issued on January 25, 2023. On February 7, 2023, T. L. requested a review of T. O.. T. request was heard in by videoconference on March 6, 2023. T. Landlord, represented by Amnada Migneault, A. T. Tenant, attended T. hearing. Determinations: 1. T. original O. denied a request to amend T. application to name T. new L. after T. property had been sold. T. O. determined T. new L. were not in attendance A. there was insufficient evidence to determine T. landlord should be renamed. 2. Based on T. submissions at T. review hearing, T. new L. were in attendance A. could have testified. In addition, T. documents submitted by T. L. show that T. property has been sold A. that R. M. A. N. G. are T. new O. Page: 1 of 4  File Number: LTB-L-002391-22 owners of T. property. T. value of T. sale did not include T. arrears of rent owing to T. previous landlord, which T. new L. will be responsible to pay T. former landlord when T. funds are collected. 3. At T. review hearing T. Tenant mentioned issues about maintenance. T. Tenant provided no disclosure as required U. Rule 19.4 of T. R. Tenancies A. to be 2023 ONLTB 25394 (CanLII) heard U. S. 82 of T. A., A. T. Tenant had no evidence at T. hearing for consideration U. S. 83. 4. T. Tenant did not disagree with T. amounts claimed in T. application. T. Tenant made reference to receiving notice of T. first hearing. This is a request to review by T. Landlord A. T. Tenant is in attendance at T. review hearing. Therefore, any issues with T. first hearing are not U. consideration. 5. T. lawful monthly rent is $1,000.00 A. T. Tenant now owes T. L. $17,400.00. 6. T. Landlord served T. Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). T. Tenant did not void T. notice by paying T. amount of rent arrears owing by T. termination date in T. N4 Notice or before T. date T. application was filed. 7. As of T. hearing date, T. Tenant was still in possession of T. rental unit. 8. T. lawful rent is $1,000.00. It is due on T. 1st day of each month. 9. Based on T. Monthly rent, T. daily rent/compensation is $32.88. This amount is calculated as follows: $1,000.00 x 12, divided by 365 days. 10. T. Tenant has paid $1,000.00 to T. Landlord since T. application was filed. 11. T. rent arrears owing to March 31, 2023 are $17,400.00. 12. T. Landlord incurred costs of $260.15 for filing T. application A. is entitled to reimbursement of those costs. 13. There is no last month's rent deposit. 14. I have considered all of T. disclosed circumstances in accordance with subsection 83(2) of T. R. Tenancies A., 2006 (T. 'A.'), A. find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of T. A.. It is ordered that: 1. T. tenancy between T. Landlord A. T. Tenant is terminated unless T. Tenant voids this O.. 2. T. Tenant may void this O. A. continue T. tenancy by paying to T. Landlord or to T. LTB in trust: • $17,660.15 if T. payment is made on or before March 24, 2023. See Schedule 1 for T. calculation of T. amount owing. 3. T. Tenant may also make a motion at T. LTB to void this O. U. S. 74(11) of T. A., if T. Tenant has paid T. full amount owing as ordered plus any additional rent O. Page: 2 of 4  File Number: LTB-L-002391-22 that became due after March 24, 2023 but before T. Court Enforcement Office (Sheriff) enforces T. eviction. T. Tenant may only make this motion once during T. tenancy. 4. If T. Tenant does not pay T. amount required to void this O. T. Tenant must move out of T. rental unit on or before March 24, 2023 2023 ONLTB 25394 (CanLII) 5. If T. Tenant does not void T. O., T. Tenant shall pay to T. Landlord $16,857.43. This amount includes rent arrears owing up to T. date of T. hearing A. T. cost of filing T. application. See Schedule 1 for T. calculation of T. amount owing. 6. T. Tenant shall also pay T. Landlord compensation of $32.88 per day for T. use of T. unit starting March 7, 2023 until T. date T. Tenant moves out of T. unit. 7. If T. Tenant does not pay T. Landlord T. full amount owing on or before March 24, 2023, T. Tenant will start to owe interest. This will be simple interest calculated from March 25, 2023 at 5.00% annually on T. balance outstanding. 8. T. Landlord or T. Tenant shall pay to T. other any sum of money that is owed as a result of this O.. 9. If T. unit is not vacated on or before March 24, 2023, then starting March 25, 2023, T. Landlord may file this O. with T. Court Enforcement Office (Sheriff) so that T. eviction may be enforced. 10. Upon receipt of this O., T. Court Enforcement Office (Sheriff) is directed to give vacant possession of T. unit to T. Landlord on or after March 25, 2023. March 13, 2023 ____________________________ Date Issued Greg Joy Member, Landlord A. Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. In accordance with S. 81 of T. A., T. part of this O. relating to T. eviction expires on September 25, 2023 if T. O. has not been filed on or before this date with T. Court Enforcement Office (Sheriff) that has territorial jurisdiction where T. rental unit is located. *Note: When T. Board directs payment-out, T. Canadian Imperial Bank of Commerce will issue a cheque to T. appropriate party named in this notice. T. cheque will be in T. amount directed plus any interest accrued up to T. date of T. notice Schedule 1 SUMMARY OF CALCULATIONS A. Amount T. Tenant must pay to void T. eviction O. A. continue T. tenancy if T. payment is made on or before March 24, 2023 Rent Owing To March 31, 2023 $18,400.00 Application Filing Fee $260.15 O. Page: 3 of 4  File Number: LTB-L-002391-22 NSF Charges $0.00 Less T. amount T. Tenant paid to T. Landlord since T. - $1,000.00 application was filed Less T. amount T. Tenant paid into T. LTB since T. - $0.00 2023 ONLTB 25394 (CanLII) application was filed Less T. amount T. Landlord owes T. Tenant for - $0.00 an{abatement/rebate} Less T. amount of T. credit that T. Tenant is entitled to - $0.00 Total T. Tenant must pay to continue T. tenancy $17,660.15 B. Amount T. Tenant must pay if T. tenancy is terminated Rent Owing To Hearing Date $17,597.28 Application Filing Fee $260.15 NSF Charges $0.00 Less T. amount T. Tenant paid to T. Landlord since T. - $1,000.00 application was filed Less T. amount T. Tenant paid into T. LTB since T. - $0.00 application was filed Less T. amount of T. last month's rent deposit -$ Less T. amount of T. interest on T. last month's rent deposit - $0.00 Less T. amount T. Landlord owes T. Tenant for an - $0.00 {abatement/rebate} Less T. amount of T. credit that T. Tenant is entitled to - $0.00 Total amount owing to T. Landlord $16,857.43 Plus daily compensation owing for each day of occupation starting $32.88 March 7, 2023 (per day) O. Page: 4 of 4