LTB Order LTB-L-020779-23

O. under Section 69 Residential Tenancies Act, 2006 Citation: M. v P., 2023 ONLTB 70946 Date: 2023-12-01 2023 ONLTB 70946 (CanLII) File Number: LTB-L-020779-23 In the matter of: Apt.2, 448-450 HIGHWAY 8 STONEY CREEK ON L8G1G6 Between: L. L. M. A. J. P. T. S. A. L. M. (the 'L.') A. F. an O. to terminate the tenancy A. evict J. P. (the 'T.') because: • the L. in good faith requires possession of the rental unit F. the purpose of residential occupation F. at least one year. This application was heard by videoconference on October 18, 2023. The L. A. the T. attended the hearing. Determinations: 1. As explained below, the L. has proven on a balance of probabilities the grounds F. termination of the tenancy in the application. Therefore, the tenancy is terminated as of January 31, 2024. 2. The T. was in possession of the rental unit on the date the application was filed. 3. On February 28, 2023, the L. gave the T. an N12 notice of termination with the termination date of April 30, 2023. The L. claims that they require vacant possession of the rental unit F. the purpose of residential occupation by the L.’s mother. 4. The L. testified that he requires the rental unit F. his mother’s residential occupation. He testified that his mother is diagnosed with Parkinson’s Disease. She suffers from tremors A. severe anxiety. She was advised by her medical team to sell her home, A. her home sold in June 2023. Currently, the L.’s mother resides with the L., however, this is not idea due to the size of the home A. the fact that it is 2 stories A. is difficult F. his mother to navigate. The L. testified that he is away from the home frequently A. cannot assist his mother navigating the large property. O. Page 1 of 3  File Number: LTB-L-020779-23 5. The L. testified that the rental unit is all one level A. much smaller than his residence A. will be better suited F. his mother due to her medical conditions. 6. The T. did not contest the L.’s good faith intentions. In other words, he believed that the L.’s mother would move into the rental unit if vacant possession 2023 ONLTB 70946 (CanLII) was given. Compensation 7. The L. has compensated the T. an amount equal to one month's rent by April 30, 2023. 8. The L.’s witness, O. Jovanovic testified that he placed the compensation cheque between the door A. the door jam of the T.’s front door. He testified that he did this on April 1, 2023 between 10:00 a.m. A. 12:00 p.m. 9. The T. testified that they did not receive the compensation cheque. 10. Based on the testimony of the L.’s witness, I find on a balance of probabilities that the compensation cheque was given to the T. on April 1, 2023. I am not doubting the T.’s testimony regarding whether he received it, however, I have to consider whether it was given, A. I find that it was. 11. The L. had no record of the cheque being cashed A. undertook at the hearing to provide the T. with a replacement cheque. At the time of writing this O., the L. personally delivered a money O. equal to one months rent to the T. by handing the cheque to the T. on October 19, 2023. This is evidenced by the certificate of service filed by the L.. 12. The L. collected a rent deposit of $1,150.00 from the T. A. this deposit is still being held by the L.. Interest on the rent deposit, in the amount of $87.53 is owing to the T. F. the period from November 1, 2018 to October 18, 2023 . 13. In accordance with subsection 106(10) of the Residential Tenancies Act, 2006, (the ‘Act') the last month's rent deposit shall be A. to the rent F. the last month of the tenancy. Relief from eviction 14. The T. has lived in the unit since January 2019. He receives income from Ontario Disability Support Program. He has looked F. other places, however, the units are above his price range. The T. is requesting a year to find a new place. 15. The L. submits that they are willing to delay the termination until January 31, 2024. 16. 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 January 31, 2024 pursuant to subsection 83(1)(b) of the Act. 17. I do not find that a delay of a year is warranted in these circumstances. Based on the circumstances of both parties, A. taking into consideration the service of the N12 notice of termination, I find that delaying the termination to January 31, 2024 is fair in all the circumstances. O. Page 2 of 3  File Number: LTB-L-020779-23 It is ordered that: 1. The tenancy between the L. A. the T. is terminated. The T. must move out of the rental unit on or before January 31, 2024. 2023 ONLTB 70946 (CanLII) 2. If the unit is not vacated on or before January 31, 2024, then starting February 1, 2024, the L. may file this O. with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. Upon receipt of this O., the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the L. on or after February 1, 2024. December 1, 2023 Date Issued Emily Robb Member, L. A. T. Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. In accordance with section 81 of the Act, the part of this O. relating to the eviction of the T. expires on August 1, 2024 if the O. 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. O. Page 3 of 3