LTB Order LTB-L-012622-23

2023 ONLTB 31852 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: 12977036 Canada Inc. v C., 2023 ONLTB 31852 Date: 2023-04-18 File Number: LTB-L-012622-23 In the matter of: 129 Bruce Avenue South Porcupine ON P0N1H0 Between: 12977036 Canada Inc. Landlord A. D.C.A.T.C. Tenants 12977036 Canada Inc. (the 'Landlord') applied for an order to terminate the tenancy A. evict D.C.A.T.C. (the 'Tenants’) A. for an order to have the Tenants pay the rent they owe because the Tenants did not meet a condition specified in the mediated settlement signed by the parties on January 18, 2023, with respect to application LTB-L- 02899122. This application was decided without a hearing being held. Determinations: 1. The mediated settlement provides that the Landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenants to terminate the tenancy A. evict the Tenants if the Tenants do not meet certain condition(s) in the mediated settlement. This application was filed within 30 days of the breach. 2. I find that the Tenants have not met the following condition specified in the mediated settlement: The Tenants failed to pay to the Landlord the lawful rent of $1,400.00 in full A. on time, on or before February 1, 2023 3. The previous application includes a request for an order for the payment of arrears of rent A. the mediated settlement requires the Tenants to make payments by specific due dates. Accordingly, in addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. Order Page: 1 of 4  File Number: LTB-L-012622-23 4. The Tenants were required to pay $25,386.00 for rent arrears A. the application filing fee in the previous mediated settlement. The amount that is still owing from that mediated settlement is $25,386.00 A. that amount is included in this order. 5. The Landlord collected a rent deposit of $1,400.00 from the Tenants A. this deposit is still being held by the Landlord. 2023 ONLTB 31852 (CanLII) 6. Interest on the rent deposit is owing to the Tenants for the period from June 25, 2021, to April 18, 2023. 7. The amount of the rent deposit A. interest on the rent deposit is applied to the amount the Tenants are required to pay. 8. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenants move out of the unit at a daily rate of $46.03. This amount is calculated as follows: $1,400.00 x 12, divided by 365 days. It is ordered that: 1. The tenancy between the Landlord A. the Tenants is terminated. The Tenants must move out of the rental unit on or before April 29, 2023. 2. If the unit is not vacated on or before April 29, 2023, then starting April 30, 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 30, 2023. 4. The Tenants shall pay to the Landlord $23,958.84 (Less any payments made by the Tenants after this application was filed on February 8, 2023). This amount represents the rent owing up to April 18, 2023, A. the cost of filing the previous application, less the rent deposit A. interest the Landlord owes on the rent deposit. 5. The Tenants shall also pay to the Landlord $46.03 per day for compensation for the use of the unit starting April 19, 2023, to the date the Tenants move out of the unit. 6. If the Tenants do not pay the Landlord the full amount owing on or before April 29, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from April 30, 2023, at 6.00% annually on the balance outstanding. April 18, 2023 ____________________________ Date Issued Lynn Mitchell Member, Landlord A. Tenant Board Order Page: 2 of 4  File Number: LTB-L-012622-23 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until April 28, 2023, to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenants file the motion by April 28, 2023, the order will be stayed A. the 2023 ONLTB 31852 (CanLII) 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 31, 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. * Refer to the attached Summary of Calculations. Order Page: 3 of 4  File Number: LTB-L-012622-23 Summary of Calculation 2023 ONLTB 31852 (CanLII) Order Page: 4 of 4