LTB Order LTB-L-010268-23

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 45337 (CanLII) Citation: Homestead Land Holdings Limited v Manji, 2023 ONLTB 45337 Date: 2023-06-22 File Number: LTB-L-010268-23-SA In the matter of: 603, 160 ERSKINE AVE TORONTO ON M4P1Z3 Between: Homestead Land Holdings Limited Landlord And Tahirah Manji Tenant Homestead Land Holdings Limited (the 'Landlord') applied for an order to terminate the tenancy and evict Tahirah Manji (the 'Tenant') The Landlord's application was resolved by order LTB-L-010268-23, issued on April 28, 2023. This order was issued without a hearing being held. The Tenant filed a motion to set aside order LTB-L-010268-23. The motion was heard by videoconference on May 9, 2023. The Landlord was represented at the hearing by Lee-Anne Thibert. The Tenant was represented by Zain Atcha. Determinations: Preliminary Issue – Tenant’s Representative 1. Prior to the hearing the Landlord’s representative objected to the Tenant’s representative providing submissions. 2. The Tenant did attend the hearing. Zain Atcha is a lawyer. The Tenant’s representative submits that as a lawyer he is not permitted to give evidence on the Tenant’s behalf. 3. Rule 1.6(q) of the LTB Rules of Procedure authorizes the Board to exercise discretion to permit a party’s legal representative to give evidence where appropriate. This rule does not distinguish between a lawyer and a paralegal. 4. The Tenant’s representative has knowledge of the Tenant’s circumstance related to this motion. I find it appropriate to allow the Tenant’s representative to provide evidence on the Tenant’s behalf. The Breach Order Page: 1 of 3  File Number: LTB-L-010268-23-SA 6. The Landlord filed an application because the Tenant did not pay the rent the Tenant owes. This matter was settled by way of a consent order issued January 9, 2023, which required the Tenant to pay the outstanding arrears by way of a payment plan. 7. The order provided that the Landlord could apply to the Board under section 78 of 2023 ONLTB 45337 (CanLII) the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenant to terminate the tenancy and evict the Tenant if he failed to meet the conditions specified in the consent order. 8. There is no dispute that the Tenant breached the order by failing to pay $350.00 on or before January 31, 2023. As a result, the Landlord applied for an ex-parte order terminating the tenancy. The Landlord’s request was granted pursuant to order LTB-L-010268-23 dated April 28, 2023. 9. This motion is brought pursuant to subsection 78(11) of the Act. As the Tenant acknowledges breaching the mediated agreement the only issue before me is whether I am “satisfied, having regard to all the circumstances, that it would not be unfair to set aside the order. Whether to Set Aside the Order 10. The Tenant failed to make the arrears payment due on January 31, 2023. Since then, she has not made arrears payments as required. The Tenant also failed to pay rent for the period February 1, 2023, to May 31, 2023. The Tenant has fallen further into rent arrears since the parties entered into the consent agreement There is a significant amount of outstanding arrears, and the Tenant seems to have only entered this process to delay the eviction. 11. The Tenant’s representative submits the Tenant is going through a divorce and needs more time to pay down the arrears. I accept the Tenant’s evidence in this regard. However, the Tenant has not made any good faith efforts to make any payments toward arrears or ongoing rent. I find a new payment plan would not be viable in this instance. 12. After considering all of the circumstances, I find that it would be unfair to set aside order LTB-L-010268-23. 13. The only remaining issue before the Board is when to lift the stay. I find a slight delay in lifting the stay is warranted. This will give the Tenant an opportunity to find a new place to live that is within her budget. 14. The stay of order LTB-L-010268-23 shall be lifted on July 31, 2023. It is ordered that: 1. The motion to set aside Order LTB-L-010268-23, is denied. 2. The stay of Order LTB-L-010268-23 is lifted on July 31, 2023. Order Page: 2 of 3  File Number: LTB-L-010268-23-SA June 22, 2023 Date Issued Bryan Delorenzi Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor 2023 ONLTB 45337 (CanLII) 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: 3 of 3