LTB Order LTB-L-012425-23
- Citation
- 2023 ONLTB 31269
- Decided
- 2023-04-13
- Rental unit
- 301, 6640 NOTRE DAME ST ORLEANS ON K1C1H1
- Landlord
- Cagt Properties Inc. c/o Filament Realty
- Tenant
- S.K.
- RTA section
- s. 78(6)
Order under Section 78(6)
2023 ONLTB 31269 (CanLII)
Residential Tenancies Act, 2006
Citation: Cagt Properties Inc. v K., 2023 ONLTB 31269
Date: 2023-04-13
File Number: LTB-L-012425-23
In the matter of: 301, 6640 NOTRE DAME ST ORLEANS
ON K1C1H1
Between: Cagt Properties Inc. c/o Filament Realty Landlord
Management
And
S.K. Tenant
On February 8, 2023, Cagt properties Inc. c/o Filament Realty Management (the 'Landlord')
applied for an order to terminate the tenancy and evict S.K. (the 'Tenant’) because
the Tenant did not meet a condition specified in the order issued by the LTB on October 20, 2022,
with respect to application LTB-L-053599-22. This application was decided without a hearing
being held.
Determinations:
1. The order provides that the Landlord can apply to the LTB 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 does not meet certain condition(s) in the order.
This application was filed within 30 days of the breach.
2. I find that the Tenant has not met the following condition specified in the order: The Tenant
failed to pay to the Landlord the lawful rent in full and on time, on or before February
1, 2023
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 24, 2023.
2. If the unit is not vacated on or before April 24, 2023, then starting April 25, 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 25, 2023.
April 13, 2023 ____________________________
Date Issued Ian Speers
Associate Chair, Landlord and Tenant Board
2023 ONLTB 31269 (CanLII)
Order Page: 1 of 2
File Number: LTB-L-012425-23
15 Grosvenor Street, Ground Floor, Toronto
ON M7A 2G6
The Tenant has until April 23, 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 23, 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 25, 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 31269 (CanLII)