LTB Order LTB-L-003707-23

2023 ONLTB 34056 (CanLII) Order under Section 78(11) Residential Tenancies Act, 2006 Citation: S.M. v B. S., 2023 ONLTB 34056 Date: 2023-05-04 File Number: LTB-L-003707-23-SA In the matter of: 1, 45 ONTARIO AVE HAMILTON ON L8N2X1 Between: S.M. Landlord A. B.B.S.A.K.S. Tenant S.M. (the 'Landlord') applied for an order to terminate the tenancy A. evict B. (Bengy) S. A. K. S. (the 'Tenants') because the Tenants failed to meet a condition specified in the consent order issued by the Board on August 30, 2022 with respect to application SOL-22671-21. The Landlord's application was resolved by order LTB-L-003707-23, issued on March 27, 2023. This order was issued without a hearing being held. The Tenants filed a motion to set aside order LTB-L-003707-23. This motion was heard in by videoconference (VC#101) on April 17, 2023. The Landlord, the Landlord’s representative, Lisa Louise Barder A. the Tenant, K. S. attended the hearing. The Tenant confirmed that he had authority to make submissions on behalf of B. Stewarts, his father, as he could not attend the hearing. Determinations: 1. The Tenants filed to meet a condition specified in the order issued by the Board on August 30, 2022 with respect to application SOL-22671-21.  2. After considering all of the circumstances, A. based on submission of the parties I find that it would be unfair to set aside order LTB-L-003707-23. 3. The stay of order LTB-L-003707-23 is lifted on May 1, 2023. The Tenant advised that the Tenants have plans to vacate the rental unit on May 1, 2023. 2023 ONLTB 34056 (CanLII) Order Page: 1 of 2 File Number: LTB-L-003707-23 It is ordered that: 1. The motion to set aside Order LTB-L003707-23, issued on March 27, 2023, is denied. 2. The stay of order LTB-L003707-23 is lifted on May 1, 2023. 3. Order LTB-L003707-23 is unchanged. May 4, 2023 ____________________________ Date Issued Alicia Johnson Member, Landlord 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 2023 ONLTB 34056 (CanLII)