Evictly

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