LTB Order LTB-L-011640-22

Order under Section 69 2023 ONLTB 17894 (CanLII) Residential Tenancies Act, 2006 Citation: 6965083 Canada Inc v J., 2023 ONLTB 17894 Date: 2023-01-27 File Number: LTB-L-011640-22 In the matter of: 1907, 15 MARTHA EATON WAY TORONTO ON M6M5B5 Between: Landlord 6965083 Canada Inc A. M.J.A.S.S. Tenants 6965083 Canada Inc (the 'Landlord') applied for an order to terminate the tenancy A. evict M.J.A.S.S. (the 'Tenants') because: • the Tenants have been persistently late in paying the Tenants rent. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date. This application was heard by videoconference on January 23, 2023. Only the Landlord’s representative Faith McGregor attended the hearing. As of 11:30 a.m., the Tenants were not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. By way of background, this is a month to month tenancy in which rent is due on the first of the month in the amount of $1,355.96. This tenancy commenced on October 1, 2012. 2. On January 21, 2022, the Landlord gave the Tenants an N8 notice of termination deemed served on January 26, 2022. The notice of termination alleges that the Tenants have been persistently late in paying rent 11 times in the past 12.months’ as follow: Rent Due Rent Paid Order Page 1 of 4  February 1, 2021 February 24, 2021 March 1, 2021 March 19, 2021 April 1, 2021 April 22, 2021 May 1, 2021 May 31, 2021 June 1, 2021 June 25, 2021 2023 ONLTB 17894 (CanLII) File Number: LTB-L-011640-22 July 1, 2021 July 28, 2021 August 1, 2021 September 1, 2021 September 1, 2021 October 1, 2021 October 1, 2021 November 1, 2021 November 1, 2021 December 1, 2021 December 1, 2021 December 1, 2021 January 1, 2022 January 7, 2022 3. In the months’ post issuance of the N8 notice, the Tenants have demonstrated some improvement in the payment of rent on time. While February 2022 rent was paid on February 4, 2022, the subsequent months’ resulted in a payment credit balance for the months’ of March through July 2022 A. then again late payments arose for the months’ of August through December 2022. 4. Based on the uncontested evidence before me, I find that the Tenants have been persistently late in paying their rent. This is evidenced as per the outlined periods of time as detailed above. 5. Since the issuance of the N8 notice to the Tenants, the Landlord’s representative submitted that there have been corrections in the payment behaviour A. that if the Tenants had attended the hearing the Landlord would have consented to a conditional payment plan. 6. In the absence of the Tenants at the hearing, the Landlord is seeking a standard order for eviction A. the application filing fee. 7. I share the view of the Landlord, in that the Tenants have demonstrated an improvement in the pattern of payment of rent on time, even a prepayment of rent for a consistent period of time. Since the Tenants did not attend the hearing, I did not have their submissions to provide more context for the arising late payments of rent. As such, I give the Tenants the benefit of the doubt A. allow them the opportunity to preserve their tenancy by way of a conditional order. Order Page 2 of 4  Relief from eviction 8. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would not be unfair to grant relief from eviction subject to the conditions set out in this order pursuant to subsection 83(1)(a) A. 204(1) of the Act. 2023 ONLTB 17894 (CanLII) 9. This order contains all of the reasons for my decision within it. No further reasons shall be issued. File Number: LTB-L-011640-22 It is ordered that: 1. The tenancy between the Landlord A. the Tenants continues if the Tenants meet the conditions set out below. 2. The Tenants shall pay the monthly rent on or before the first day of every month beginning February 1, 2023 through to January 31, 2024. 3. If the Tenants fail to comply with the conditions set out in paragraph 2 of this order, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act') for an order terminating the tenancy A. evicting the Tenants. The Landlord must make the application within 30 days of a breach of a condition. This application is made to the LTB without notice to the Tenants. 4. The Tenants shall also pay to the Landlord $186.00 for the cost of filing the application. 5. If the Tenants do not pay the Landlord the full amount owing on or before February 7, 2023, the Tenants will start to owe interest. This will be simple interest calculated from February 8, 2023 at 5.00% annually on the balance outstanding. January 27, 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 3 of 4 Order Page 4 of 4 2023 ONLTB 17894 (CanLII)