Evictly

LTB Order LTB-L-025437-23

Citation
2023 ONLTB 34304
Decided
2023-05-01
Rental unit
6, 165 Shaughnessy Blvd Toronto Ontario M2J1J9
Landlord
T.C.H.C.
Tenant
O.G.
RTA section
s. 78(6)
Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 34304 (CanLII) Citation: T.C.H.C. v G., 2023 ONLTB 34304 Date: 2023-05-01 File Number: LTB-L-025437-23 In the matter of: 6, 165 Shaughnessy Blvd T. Ontario M2J1J9 Between: T.C.H.C. Landlord And O.G. Tenant On March 20, 2023, T.C.H.C. (the 'Landlord') applied for an order to terminate the tenancy and evict O.G. (the 'Tenant') because the Tenant did not meet a condition specified in the mediated settlement signed by the parties on with respect to application TNL-99705-17-SA. This application was decided without a hearing being held. Determinations: 1. The mediated settlement provides that the Landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenant to terminate the tenancy and evict the Tenant if the Tenant does not meet certain condition(s) in the mediated settlement. This application was filed within 30 days of the breach. 2. I find that the Tenant has not met the following condition specified in the mediated settlement: The Tenant failed to pay to the Landlord $200.00 on or before the last business day of February, 2023, towards arrears of rent. 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 May 12, 2023. 2. If the unit is not vacated on or before May 12, 2023, then starting May 13, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. Order Page: 1 of 2 File Number: LTB-L-025437-23 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 May 13, 2023. 2023 ONLTB 34304 (CanLII) May 1, 2023 Date Issued Kelly Delaney Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, T. ON M7A 2G6 The Tenant has until May 11, 2023, to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenant files the motion by May 11, 2023, the order will be stayed and the LTB will schedule a hearing. 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 November 13, 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: 2 of 2