LTB Order LTB-L-016281-22
- Citation
- 2023 ONLTB 19895
- Decided
- 2023-02-13
- Rental unit
- 1514-4 Hanover Road Brampton, ON L6S 4J1
- Landlord
- Investors Group Trust Co. Ltd c/o GWL Realty Advisors Residential
- Tenant
- K.B.
Order under Subsection 74(14)
Residential Tenancies Act, 2006
Citation: Investors Group Trust Co. Ltd c/o GWL Realty Advisors Residential Inc v B., 2023
ONLTB 19895
2023 ONLTB 19895 (CanLII)
Date: 2023-02-13
File Number: LTB-L-016281-22-VO
In the matter 1514-4 Hanover Road
of: Brampton, ON L6S 4J1
Between: Investors Group Trust Co. Ltd c/o GWL Realty Advisors Residential Landlord
Inc
And
K.B. Tenant
K.B. (the 'Tenant') filed a motion to set aside order LTB-L-016281-22 because, before
the eviction order was enforced, the Tenant paid the amount required under subsection 74(11) of
the Residential Tenancies Act, 2006 (the 'Act') to void the order.
This motion was heard by videoconference on January 23, 2023.
The Landlord’s Legal Representative Faith McGregor and the Tenant’s agent Victoria Odzenma
attended the hearing.
Determinations:
1. The Tenant has not previously made a motion under subsection 74(11) of the Act to set
aside an eviction order during this tenancy.
2. Before the Tenant filed this motion, the Tenant paid a total of $16,092.18 to the Landlord.
The amount paid represents all the rent that is in arrears under the tenancy agreement, all
additional rent that would have been due under the tenancy agreement up to January 31,
2023, all NSF and related administration fees the Landlord incurred and the filing fee for
this application. This payment is at least the amount required under subsection 74(11) to
void the eviction order.
3. The Landlord paid $330.00 to the Court Enforcement Office (Sheriff) for the purpose of
enforcing the eviction and this amount is non-refundable.
4. The Tenant has reimbursed the Landlord for the enforcement costs the Landlord incurred.
It is ordered that:
5. Order LTB-L-016281-22 is void and cannot be enforced by the Landlord.
Order Page 1 of 2
February 13, 2023
Date Issued Jagger Benham
Member, Landlord and Tenant Board
15 Grosvenor Street, Ground Floor
2023 ONLTB 19895 (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.
Notes:
The Tenant cannot make another motion under subsection 74(11) of the Act to set aside
an eviction order during the period of the Tenant's tenancy agreement with the Landlord.
Order Page 2 of 2