LTB Order LTB-L-022998-22

2023 ONLTB 15443 (CanLII) Order under Section 21.2 of the Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: Lake Promenade Apartments Limited v Wade, 2023 ONLTB 15443 Date: 2023-01-19 File Number: LTB-L-022998-22-RV In the matter of: 107, 240 LAKE PROMENADE ETOBICOKE ON M8W1B2 Between: Lake Promenade Apartments Limited Landlord And Robert Wade Tenant Review Order Lake Promenade Apartments Limited (the 'Landlord') applied for an order to terminate the tenancy and evict Robert Wade (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application came before the Board on November 9, 2022. The Landlord did not attend the hearing and the Landlord’s application was dismissed by order LTB-L-022998-22 issued on December 8, 2022. On December 13, 2022, the Landlord requested a review of the order. The Landlord’s request to review was heard by videoconference on January 10, 2023. Only the Landlord’s legal representative, Howard Levenson, attended the hearing. Throughout the entire hearing block, 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: Order Page: 1 of 5  File Number: LTB-L-022998-22-RV Request to review: 1. Based on the uncontested evidence before me, I am satisfied that the Landlord was not reasonably able to participate in the proceeding because neither the Landlord, nor the Landlord’s legal representative, received the Notice of Hearing. 2023 ONLTB 15443 (CanLII) 2. As such, the Landlord’s request to review was granted and the Landlord’s application was heard de novo. L1 application: 3. The Landlord served the Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenant did not void the notice by paying the amount of rent arrears owing by the termination date in the N4 Notice or before the date the application was filed. 4. As of the hearing date, the Tenant was still in possession of the rental unit. 5. The lawful rent is $1,710.00. It is due on the 1st day of each month. 6. Based on the Monthly rent, the daily rent/compensation is $56.22. This amount is calculated as follows: $1,710.00 x 12, divided by 365 days. 7. The Tenant has not made any payments since the application was filed. 8. The rent arrears owing to January 31, 2023 are $15,695.00. 9. The Landlord is entitled to $200.00 to reimburse the Landlord for administration charges and $50.00 for bank fees the Landlord incurred as a result of 10 cheques given by or on behalf of the Tenant which were returned NSF. 10. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 11. The Landlord collected a rent deposit of $1,710.00 from the Tenant and this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 12. Interest on the rent deposit, in the amount of $40.29 is owing to the Tenant for the period from February 1, 2022 to January 10, 2023. 13. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant, and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: Order Page: 2 of 5  File Number: LTB-L-022998-22-RV 1. The request to review order LTB-L-022998-22 issued on December 8, 2022 is granted. The order is cancelled and replaced with the following order. 2. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2023 ONLTB 15443 (CanLII) 3. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $16,131.00 if the payment is made on or before January 30, 2023. See Schedule 1 for the calculation of the amount owing. 4. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after January 30, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 5. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before January 30, 2023. 6. If the Tenant does not void the order, the Tenant shall pay to the Landlord $13,232.91. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application and unpaid NSF charges. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 7. The Tenant shall also pay the Landlord compensation of $56.22 per day for the use of the unit starting January 11, 2023 until the date the Tenant moves out of the unit. 8. If the Tenant does not pay the Landlord the full amount owing on or before January 30, 2023, the Tenant will start to owe interest. This will be simple interest calculated from January 31, 2023 at 5.00% annually on the balance outstanding. 9. If the unit is not vacated on or before January 30, 2023, then starting January 31, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. 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 January 31, 2023. Order Page: 3 of 5  File Number: LTB-L-022998-22-RV January 19, 2023 ____________________________ Date Issued Jana Rozehnal Member, Landlord and Tenant Board 2023 ONLTB 15443 (CanLII) 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 expires on July 31, 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 5  File Number: LTB-L-022998-22-RV Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before January 30, 2023 Rent Owing To January 31, 2023 $15,695.00 2023 ONLTB 15443 (CanLII) Application Filing Fee $186.00 NSF Charges $250.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $16,131.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $14,547.20 Application Filing Fee $186.00 NSF Charges $250.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $1,710.00 Less the amount of the interest on the last month's rent deposit - $40.29 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $13,232.91 Plus daily compensation owing for each day of occupation starting $56.22 January 11, 2023 (per day) Order Page: 5 of 5