LTB Order LTB-L-011713-23
- Citation
- 2023 ONLTB 30358
- Decided
- 2023-04-05
- Rental unit
- 1001, 1920 PARIS ST SUDBURY ON P3E4T9
- Landlord
- G.S.H.C.
- Tenant
- S.R.
- RTA section
- s. 78(6)
2023 ONLTB 30358 (CanLII)
Order under Section 78(6)
Residential Tenancies Act, 2006
Citation: G.S.H.C. v R., 2023 ONLTB 30358
Date: 2023-04-05
File Number: LTB-L-011713-23
In the matter of: 1001, 1920 PARIS ST
S. ON P3E4T9
Between: G.S.H.C. Landlord
And
S.R. Tenant
G.S.H.C. (the 'Landlord') applied for an order to terminate the
tenancy and evict S.R. (the 'Tenant') and for an because the Tenant failed to meet a
condition specified in the order issued by the Board on March 10, 2022 with respect to application
NOL-44482-21.
This application was decided without a hearing being held.
Determinations:
1. The order provided that the Landlord could apply to the Board under section 78 of the
Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenant to terminate the
tenancy and evict the Tenant if the Tenant did not meet certain conditions specified in the
order.
2. I find that the Tenant has not met the following conditions specified in the order:
a) The Tenant, another occupant of the rental unit, or the Tenant’s guests have
substantially interfered with the Landlord’s or another tenant’s lawful rights,
privileges, and interests and/or reasonable enjoyment of the residential complex..
On January 20, 2023 and February 3, 2023, the Tenant did not provide access to
the Landlord and the pest control technician to the rental unit for pest control
treatment.
3. On February 6, 2023, the Landlord emailed the Tenant's support worker, Terry Burden
from the S. Homeless Network to provide notification that the Landlord would be
filing the L4 application as set out as one of the conditions within the prior order
NOL44482-21.
2023 ONLTB 30358 (CanLII)
Order Page: 1 of 2
File Number: LTB-L-011713-23
It is ordered that:
1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move
out of the rental unit on or before April 16, 2023.
2. If the unit is not vacated on or before April 16, 2023, then starting April 17, 2023, the
Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction
may be enforced.
3. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant
possession of the unit to the Landlord on or after April 17, 2023.
April 5, 2023 ____________________
Date Issued Kimberly Parish
Member, Landlord and Tenant Board
15 Grosvenor Street, Ground Floor, Toronto
ON M7A 2G6
The Tenant has until April 15, 2023 to file a motion with the LTB to set aside the order under s.
78(9) of the Act. If the tenant files the motion by April 15, 2023 the order will be stayed and the
LTB will schedule a hearing.
If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234.
In accordance with section 81 of the Act, the part of this order relating to the eviction expires on
October 17, 2023 if the order has not been filed on or before this date with the Court Enforcement
Office (Sheriff) that has territorial jurisdiction where the rental unit is located.
Order Page: 2 of 2
2023 ONLTB 30358 (CanLII)