LTB Order LTB-L-016478-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: K. v C., 2023 ONLTB 18504 Date: 2023-02-09 2023 ONLTB 18504 (CanLII) File Number: LTB-L-016478-22 In the matter of: Basement, 1599 MEADOWFIELD CRES MISSISSAUGA ON L5M4T5 Between: B.K.A.S.S. L. A. H. C. A. J. S. Tenant B.K.A.S.S. (the 'L.') applied for an order to terminate the tenancy A. evict H. C. A. J. S. (the 'Tenant') because: • the L. in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The L. also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by videoconference on October 20, 2022. The L.’s legal representative, Shikha Kapoor, A. the L., attended the hearing. The second named Tenant attended the hearing. Determinations: 1. On March 3, 2022, the L. gave the Tenant an N12 notice of termination with the termination date of May 9, 2022. The L. claims that they require vacant possession of the rental unit for the purpose of residential occupation by the L.. 2. The Tenant was in possession of the rental unit on the date the application was filed with the Board. 3. The Tenant is still in possession of the rental unit. 4. Pursuant to s.72(1) of the Act, the L. filed the declaration required stating that he intends to move into the rental unit for no less than one year. Order Page 1 of 4  File Number: LTB-L-016478-22 5. The L. has compensated the Tenant an amount equal to one month's rent by May 9, 2022 A. was paid to the Tenant on May 2, 2022. 6. The Tenant was required to pay the L. $5,391.78 in daily compensation for use A. occupation of the rental unit for the period from May 10, 2022 to October 20, 2022. 2023 ONLTB 18504 (CanLII) 7. Based on the Monthly rent, the daily compensation is $32.88. This amount is calculated as follows: $1,000.00 x 12, divided by 365 days. 8. The L. collected a rent deposit of $1,000.00 from the Tenant A. this deposit is still being held by the L.. Interest on the rent deposit, in the amount of $0.00 is owing to the Tenant for the period from to October 20, 2022 . 9. In accordance with subsection 106(10) of the Residential Tenancies Act, 2006, (the ‘Act') the last month's rent deposit shall be applied to the rent for the last month of the tenancy. GOOD FAITH 10. The N12 was served pursuant to section 48 of the Residential Tenancies Act, 2006 (the “Act”). Section 48(1) requires that, in order to be successful in this application, the L. must establish that at the time of the service of the N12 Notice, he required, in good faith, the unit for residential use for a period of at least one year. 11. In Feeney v. Noble, 1994 CanLII 10538 (ON SC), the Court held that the test of good faith is genuine intention to occupy the premises A. not the reasonableness of the L.’s proposal. This principle was upheld in Salter v. Beljinac 2001 CanLII 40231 (ON SCDC) where the Court held that the “good faith” requirement simply means that the L. sincerely intends to occupy the rental unit. The L. may also have additional motives for selecting a particular rental unit, but this does not affect the good faith of the L.’s notice.” 12. The rental unit is a basement apartment. The L. lives in the main A. upper floor of the house. The house is a four bedroom two bathroom dwelling with a kitchen A. living room. 13. The L. submitted an affidavit with his application that he in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year. 14. The L. testified he A. his wife live in the main A. upper floor of the house. The L.’s daughter, her husband A. their three children ages one A. a half, two A. six years of age live with the L.. The L. requires the rental unit in the basement in order to have more room for the family to live. Order Page 2 of 4  File Number: LTB-L-016478-22 15. I do not consider that the Tenant substantively challenged the L.’s good faith intention, as the Tenant’s claim is based on her opinion the area the family lives in now should be enough room for everyone A. there is no need for the L. to evict her. The ultimate test is the genuineness of the L.’s intention, A. while the Tenant may be of a different opinion, the L. has provided substantial evidence to prove the 2023 ONLTB 18504 (CanLII) reason for his intent to occupy the basement rental unit, given the number of people currently living in the main A. upper floor. 16. I therefore find that the L. in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year. 17. The L. requested a standard order. RELIEF FROM EVICTION 18. The Tenant does not have any young children or persons with special needs living with her. At the time of the hearing the Tenant requested approximately sixty (60) days for an extended eviction. While the L. may be inconvenienced by a delayed eviction, I weighed the prejudice to the L. against the impact to the Tenant on having to find new housing to meet her needs. As the L. has met all the requirements under the Act for his application, I am granting the L. his request for eviction however I am granting the Tenant an extended eviction order. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would not be unfair to postpone the eviction until March 31, 2023 pursuant to subsection 83(1)(b) of the Act. 19. I have considered all of the evidence presented at the hearing A. all of the oral testimony A. although I may not have referred to each piece of evidence individually or referenced all of the testimony, I have considered it when making my determinations. 20. This order contains all reasons for the determinations A. order made. No further reasons will be issued. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated. The Tenant must move out of the rental unit on or before March 31, 2023. 2. If the unit is not vacated on or before March 31, 2023, then starting April 1, 2023, the L. 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 L. on or after April 1, 2023. Order Page 3 of 4  File Number: LTB-L-016478-22 4. The Tenant shall pay to the L. $4,391.78, which represents compensation for the use of the unit from May 10, 2022 to October 20, 2022, less the rent deposit A. interest the L. owes on the rent deposit. 5. The Tenant shall also pay the L. compensation of $32.88 per day for the use of the 2023 ONLTB 18504 (CanLII) unit starting October 21, 2022 until the date the Tenant moves out of the unit. February 9, 2023 Date Issued Greg Brocanier Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 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 of the Tenant expires on October 1, 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 4 of 4