LTB Order LTB-L-003477-23
- Citation
- 2023 ONLTB 2023
- Decided
- 2023-02-14
- Rental unit
- 201, 64 ELGIN ST ORILLIA ON L3V1S2
- Landlord
- Landlord Ontario Aboriginal Housing Support Services Corporation c/o Infinity Property Services an Agency of the Metis N
- Tenant
- S.B.
- RTA section
- s. 77
Order under Section 77
Residential Tenancies Act, 2006
Citation: Ontario Aboriginal Housing Support Services Corporation v B., 2023 ONLTB
2023 ONLTB 20412 (CanLII)
20412
Date: 2023-02-14
File Number: LTB-L-003477-23
In the matter of: 201, 64 ELGIN ST
ORILLIA ON L3V1S2
Between: Landlord
Ontario Aboriginal Housing Support Services
Corporation c/o Infinity Property Services an
Agency of the Metis Nation of Ontario
And
S.B. Tenant
Ontario Aboriginal Housing Support Services Corporation c/o Infinity Property Services an
Agency of the Metis Nation of Ontario (the 'Landlord') applied for an order to terminate the
tenancy and evict S.B. (the 'Tenant') because the Tenant gave notice to terminate the
tenancy.
This application was considered without a hearing being held.
Determinations:
1. The Tenant gave the Landlord notice to terminate the tenancy effective December 13,
2022 and the Tenant did not move out of the rental unit by the termination date set out in
the notice.
2. Since the Tenant did not move out of the rental unit by the termination date, the Landlord
was required to file the application to obtain vacant possession. Therefore, the Tenant is
responsible for paying the Landlord for the $186.00 application filing fee incurred.
It is ordered that:
1. The tenancy between the Landlord and Tenant is terminated. The Tenant must move out
of the rental unit on or before February 25, 2023.
2. If the unit is not vacated on or before February 25, 2023, then starting February 26, 2023,
the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the
eviction may be enforced.
Order Page 1 of 3
3. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant
possession of the unit to the Landlord on or after February 26, 2023.
2023 ONLTB 20412 (CanLII)
4. The Tenant shall pay to the Landlord $186.00, for the cost of filing the application.
5. If the Tenant does not pay the Landlord the full amount owing on or before February 25,
2023, the Tenant will start to owe interest. This will be simple interest calculated from
February 26, 2023 at 5.00% annually on the balance outstanding.
February 14, 2023
Date Issued Trish Carson
Member, Landlord and 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.
The tenant has until February 24, 2023 to file a motion with the LTB to set aside the order under
s.77(6) of the Act. If the tenant files the motion by February 24, 2023 the order will be stayed and
the LTB will schedule a hearing.
In accordance with section 81 of the Act, the part of this order relating to the eviction expires on
August 26, 2023 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.
Order Page 2 of 3
Order Page 3 of 3
2023 ONLTB 20412 (CanLII)