LTB Order LTB-L-029110-23

Order under Section 77 2023 ONLTB 38955 (CanLII) Residential Tenancies Act, 2006 Citation: Alta West Mortgage Capital Corporation v C., 2023 ONLTB 38955 Date: 2023-05-16 File Number: LTB-L-029110-23 In the matter of: 43 ARMILLO PLACE MARKHAM ON L6E0V4 Between: Alta West Mortgage Capital Corporation c/o Landlord Gowling WLG And S.C. Tenant Tamara Bryan Alta West Mortgage Capital Corporation c/o Gowling WLG (the 'Landlord') applied for an order to terminate the tenancy and evict S.C. and Tamara Bryan (the 'Tenant') because the Tenant entered into an agreement to terminate the tenancy. This application was considered without a hearing being held. Determinations: 1. The Landlord and Tenant entered into an agreement to terminate the tenancy as of May 31, 2023. 2. Since the application was filed on a no-fault basis, before the termination date, it is not appropriate to require the Tenants to pay the application filling fee as costs. It is ordered that: 1. The tenancy between the Landlord and Tenant is terminated. The Tenant must move out of the rental unit on or before May 31, 2023. 2. If the unit is not vacated on or before May 31, 2023, then starting June 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 June 1, 2023. 2023 ONLTB 38955 (CanLII) Order Page 1 of 2 File Number: LTB-L-029110-23 May 16, 2023 ____________________________ Date Issued Trish Carson 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. The tenant has until May 26, 2023 to file a motion with the LTB to set aside the order under s.77(6) of the Act. If the tenant files the motion by May 26, 2023 the order will be stayed and the LTB will schedule a hearing. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on December 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.  Order Page 2 of 2 2023 ONLTB 38955 (CanLII)