LTB Order LTB-L-022760-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: C. v V., 2023 ONLTB 19691 Date: 2023-02-17 2023 ONLTB 19691 (CanLII) File Number: LTB-L-022760-22 In the matter of: 2nd Floor, 128 BARRINGTON AVE Toronto ON M4C4Z2 Between: S.C. Landlord And K.J.J.V. Tenant S.C. (the 'Landlord') applied for an order to terminate the tenancy and evict K. J. J. V. (the 'Tenant') because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one yea This application was heard by videoconference on January 25, 2023. Only the Landlord attended the hearing. As of 10:04 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. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. The Landlord has proven on a balance of probabilities the grounds for termination of the tenancy and the claim for compensation in the application. Therefore, the application is granted. 2. The Tenant was in possession of the rental unit on the date the application was filed. 3. On March 31, 2022, the Landlord gave the Tenant an N12 notice of termination with the termination date of May 31, 2022. The Landlord claims that they require vacant possession of the rental unit for the purpose of residential occupation by the Tenant’s child. 4. The Landlord in good faith requires possession of the rental unit for the purpose of their child’s residential occupation for a period of at least one year. 5. The Landlord has compensated the Tenant an amount equal to one month's rent by May 31, 2022. 6. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 7. There is no last month's rent deposit. Order Page 1 of 3  File Number: LTB-L-022760-22 8. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. Specifically, no circumstances were disclosed in support of relief from eviction. 2023 ONLTB 19691 (CanLII) It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before February 28, 2023. 2. If the unit is not vacated on or before February 28, 2023, then starting March 1, 2023, the Landlord 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 Landlord on or after March 1, 2023. 4. The Tenant shall pay to the Landlord $186.00 for the cost of filing the application. 5. The total amount the Tenant owes the Landlord is $186.00. 6. If the Tenant does not pay the Landlord the full amount owing on or before February 28, 2023, the Tenant will start to owe interest. This will be simple interest calculated from March 1, 2023 at 5.00% annually on the balance outstanding. 7. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. February 17, 2023 Date Issued Sean Henry Member, Landlord and 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 3  File Number: LTB-L-022760-22 In accordance with section 81 of the Act, the part of this order relating to the eviction of the Tenant expires on September 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. 2023 ONLTB 19691 (CanLII) Order Page 3 of 3