LTB Order LTB-L-019753-23

Order under Section 78(11) Residential Tenancies Act, 2006 Citation: C. of B., H. v P. P., 2023 ONLTB 45836 2023 ONLTB 45836 (CanLII) Date: 2023-06-27 File Number: LTB-L-019753-23-SA In the matter of: 205, 5 FORDVIEW CRT B. ON N3T5W3 Between: C.O.B.A.H. L. A. P. P. Tenant C.O.B.A.H. (the 'L.') applied for an order to terminate the tenancy A. evict P. P. (the 'Tenant') A. for an order to have the Tenant pay compensation for damage they owe because the Tenant did not meet a condition specified in the order issued by the LTB on November 9, 2022 with respect to application LTB-L-010534-22. The L.'s application was resolved by order LTB-L-019753-23, issued on April 26, 2023. This order was issued without a hearing being held. The Tenant filed a motion to set aside order LTB-L-019753-23. The motion was heard by videoconference on May 31, 2023. Only the L.’s Agent, Nicole Murray, attended the hearing. As of 9:20 a.m., the Tenant was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. Determinations: 1. Although the Tenant did not appear to support their motion, the L. consents to the Tenant’s motion. It is ordered that: 1. The motion to set aside Order LTB-L-019753-23, issued on April 26, 2023, is granted. The order is set aside A. cannot be enforced. 2. Order LTB-L-010534-22, issued on November 9, 2022, is cancelled A. replaced by the following. Order Page 1 of 2  File Number: LTB-L-019753-23-SA 3. The Tenant shall bring the rental unit to a reasonable state of cleanliness A. free of clutter on or before July 26, 2023 A. maintain a reasonable state of cleanliness for a period of 12 months. Specifically, the Tenant shall:  Maintain a minimum of 1 metre clearance from combustible materials or ignition 2023 ONLTB 45836 (CanLII) sources.  Provide A. maintain egress pathways from each room A. all floor arears in the rental unit, with a minimum of 1 metre clearance. The pathways must be clear from floor to ceiling to provide a safe means of egress for occupants A. a clear path for emergency responders.  Provide A. maintain a minimum of 1 meter distance from the ceiling of combustible materials to ensure adequate smoke alarm operation. 4. If the Tenant fails to comply with the conditions set out in paragraph 3, then, within 30 days of the breach, the L. may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act’) for an order terminating the tenancy A. evicting the Tenant. The L. must make the application within 30 days of a breach of a condition set out in paragraph 3 of this order. June 27, 2023 Date Issued Khalid Akram 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. Order Page 2 of 2