LTB Order LTB-L-004982-23
- Citation
- 2023 ONLTB 31837
- Decided
- 2023-04-18
- Rental unit
- 7, 715 BURTON AVE SUDBURY ON P3C4L3
- Landlord
- G.S.H.C.
- Tenant
- J.T.
- RTA section
- s. 206
Order under Section 206
Residential Tenancies Act, 2006
2023 ONLTB 31837 (CanLII)
Citation: G.S.H.C. v T., 2023 ONLTB 31837
Date: 2023-04-18 File
Number: LTB-L-004982-23
In the matter of: 7, 715 BURTON AVE
S. ON P3C4L3
Between: G.S.H.C. Landlord
And
J.T. Tenant
G.S.H.C. (the 'Landlord') applied for an order to terminate
the tenancy and evict J.T. (the 'Tenant') because the Tenant did not pay
the rent that the Tenant owes.
The Landlord and the Tenant filed a written agreement with the LTB on April 6, 2023, to
resolve the Landlord's application.
Determinations:
1. The agreement reached by the Landlord and the Tenant resolves the Landlord's
application.
2. The agreement has been signed by the Landlord and the Tenant.
3. The agreement was filed with the LTB before the hearing for the Landlord's
application.
4. As a result of this order, no hearing will be held.
5. The hearing scheduled for June 8, 2023, will be cancelled and the LTB’s file will
be closed.
Based on the parties' agreement, it is ordered that:
1. The Tenant shall pay the Landlord $2,174.00, which includes:
o $1,988.00 for arrears owing up to April 1, 2023.
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o $186.00 for the fee paid by the Landlord for filing the application.
2. The Tenant shall pay the amount set out in paragraph 1 according to the following
schedule:
2023 ONLTB 31837 (CanLII)
1. $150.00 on or before April 6, 2023.
2. $150.00 on or before May 1, 2023.
3. $150.00 on or before June 1, 2023.
4. $150.00 on or before July 1, 2023
5. $150.00 on or before August 1, 2023.
6. $150.00 on or before September 1, 2023.
7. $150.00 on or before October 1, 2023.
8. $150.00 on or before November 1, 2023.
9. $150.00 on or before December 1, 2023.
10. $150.00 on or before January 1, 2024
11. $150.00 on or before February 1, 2024
12. $150.00 on or before March 1, 2024
13. $150.00 on or before April 1, 2024
14. $150.00 on or before May 1, 2024
15. $74.00 on or before June 1, 2024
3. The Tenant shall also pay the Landlord the full rent on or before the first day of
each month for the period from April 2023 up to and including June 2024 or until
all arrears in paragraph 1 have been paid, whichever is sooner.
4. CONSEQUENCES OF BREACH: If the Tenant does not make any of the
payments required in paragraphs 2 or 3 in full and on time:
o The Landlord may apply under section 78 of the Residential Tenancies Act,
2006 (the ‘Act') for an order terminating the tenancy and evicting the Tenant,
and for the payment of any new arrears of rent and NSF charges not already
ordered under paragraph 1 of this order. The Landlord must make the
application within 30 days of a breach of condition set out in paragraph 2 or
3. This normally results in the LTB issuing an eviction order without a
hearing being held.
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OR
o The Landlord may ask the LTB to reopen the application no later than 30
days after the Tenant's breach. This will result in a hearing at the LTB.
2023 ONLTB 31837 (CanLII)
5. Either the Landlord or the Tenant can ask the LTB to reopen the application within
30 days of date this order is issued if they believe the other party forced them to
enter into the agreement, or if the other party deliberately made false or
misleading misrepresentations that had a material effect on the agreement and
the order issued.
April 18, 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-
3323234.
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