LTB Order LTB-L-018551-23
- Citation
- 2023 ONLTB 31393
- Decided
- 2023-04-17
- Rental unit
- 807, 310 NISKA RD NORTH YORK ON M3N2S3
- Landlord
- E. MANSON INVESTMENTS LIMITED
- Tenant
- A.G.
- RTA section
- s. 206
Order under Section 206
Residential Tenancies Act, 2006
2023 ONLTB 31393 (CanLII)
Citation: E. MANSON INVESTMENTS LIMITED v G., 2023 ONLTB 31393
Date: 2023-04-17 File
Number: LTB-L-018551-23
In the matter of: 807, 310 NISKA RD
NORTH YORK ON M3N2S3
Between: E. MANSON INVESTMENTS LIMITED Landlord
And
A.G. Tenants
Bibi G.
E. MANSON INVESTMENTS LIMITED (the 'Landlord') applied for an order to terminate the
tenancy and evict A.G. and Bibi G. (the 'Tenants') because the Tenants
did not pay the rent that the Tenants owe.
The Landlord and the Tenants filed a written agreement with the LTB on March 24, 2023,
to resolve the Landlord's application.
Determinations:
1. The agreement reached by the Landlord and the Tenants resolves the Landlord's
application.
2. The agreement has been signed by the Landlord and the Tenants.
3. The agreement was filed with the LTB before the hearing for the Landlord's
application.
4. As a result of this order, no hearing will be held.
Based on the parties' agreement, it is ordered that:
1. The Tenants shall pay the Landlord $2,986.00, which includes:
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o $2,780.00 for arrears owing up to March 31, 2023. o $186.00 for
the fee paid by the Landlord for filing the application. o $20.00 to
2023 ONLTB 31393 (CanLII)
reimburse the Landlord for administrative charges and bank fees
the Landlord incurred as a result of 3 cheques given by or on behalf
of the Tenants which were returned NSF.
2. The Tenants shall pay the amount set out in paragraph 1 according to the following
schedule:
1. $250.00 on or before the first of each month commencing April 15, 2023, and
for the next 11 months up to and including February 15, 2024.
2. $236.00 on or before March 15, 2024.
3. The Tenants shall also pay the Landlord the full rent on or before the first day
of each month for the period from April 2023 up to and including March 2024
or until all arrears in paragraph 1 have been paid, whichever is sooner.
4. CONSEQUENCES OF BREACH: If the Tenants do not make any of the
payments required in paragraphs 2 or 3 in full and on time:
o The Landlord may apply under section 78 of the Residential Tenancies Act,
2006 (the ‘Act') for an order terminating the tenancy and evicting the
Tenants, and for the payment of any new arrears of rent and NSF charges
not already ordered under paragraph 1 of this order. The Landlord must
make the application within 30 days of a breach of condition set out in
paragraph 2 or 3. This normally results in the LTB issuing an eviction order
without a hearing being held.
OR
o The Landlord may ask the LTB to reopen the application no later than 30 days
after the Tenants breach. This will result in a hearing at the LTB.
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2023 ONLTB 31393 (CanLII)
5. Either the Landlord or the Tenants can ask the LTB to reopen the application within
30 days of date this order is issued if they believe the other party forced them to
enter into the agreement, or if the other party deliberately made false or misleading
misrepresentations that had a material effect on the agreement and the order
issued.
April 17, 2023 ____________________________
Date Issued Camille Clyne
Member, Landlord and Tenants 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-
3323234.
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