LTB Order LTB-L-007964-22

Order under Section 16.1 of the 2023 ONLTB 27546 (CanLII) Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: T. v Schmidt, 2023 ONLTB 27546 Date: 2023-03-28 File Number: LTB-L-007964-22-IN2 In the matter of: 5, 200 Church St Bonfield ON P0H1E0 Between: G.T. Landlord And Marcus Schmidt Tenant G.T. (the 'Landlord') applied for an order to terminate the tenancy and evict Marcus Schmidt (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 16, 2023. The Landlord G.T. and the Landlord’s Legal Representative Roselle Greuter and the Tenant Marcus Schmidt and the Tenant’s Legal Representative Jennifer Demellweek attended the hearing. The former Landlords Jeannine Foisy and Remi Foisy also attended the hearing. At the end of the hearing block the file was adjourned as there was no time to complete it. As a preliminary issue, the application was amended to remove the former Landlord and add the current Landlord who purchased the rental unit on August 30, 2022. Pursuant to section 18 of the Residential Tenancies Act, 2006 (the ‘Act’) covenants run with the land so all of the legal obligations and rights of the former landlord passed to the new landlord on the date of the sale. The style of cause reflects this change. It is ordered that: 1. The hearing for this application is adjourned to the earliest available date to be set by the Board. The Board will send the parties a new Notice of Hearing for the next hearing date. Order Page: 1 of 2  File Number: LTB-L-007964-22-IN2 2. As ordered at the hearing, the Tenant shall pay $929.00 towards the monthly rent, to the Landlord on or before the first of every month, commencing April 1, 2023 and until this hearing resumes before the Board. 2023 ONLTB 27546 (CanLII) 3. At least 7 days before the hearing, the parties shall give each other and file with the Board a copy of any documents, receipts, photographs, recordings, or any other submissions they intend to rely on at the hearing. 4. At least 5 days before the hearing, the Landlord shall serve the Tenant and file with the Board a fresh L1/L9 update sheet. It shall be filled out correctly with accurate information. 5. At least 5 days before the hearing, the Landlord shall also serve the Tenant will a full rent ledger covering the period when rent arrears are alleged to have begun until the date is served on the Tenant. 6. The Parties shall exchange with each other any list of witnesses and issue appropriate summonses for witnesses if required, within 10 days of the hearing date. 7. Pursuant to Rule 19.7 a party who fails to comply with this order may not be permitted to rely on evidence that was not properly disclosed. 8. The Landlord shall notify the Board and the Tenant in writing immediately if the hearing is no longer necessary, and they wish to withdraw, discontinue, or abandon their application. 9. I am seized with this matter. March 28, 2023 ____________________________ Date Issued John Cashmore 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. Order Page: 2 of 2