LTB Order LTB-L-029703-22
- Citation
- 2023 ONLTB 26337
- Decided
- 2023-03-21
- Rental unit
- NORTH YORK ON M2M1L9
- Landlord
- V.N.
- Tenant
- E.L.
Order under Subsection 74(14)
2023 ONLTB 26337 (CanLII)
Residential Tenancies Act, 2006
Citation: Nejad-Sattari v La, 2023 ONLTB 26337
Date: 2023-03-21 File Number:
LTB-L-029703-22-VO
20 PLEASANT AVE
In the matter of: NORTH YORK ON M2M1L9
Between: V.N. Landlord
And
E.L. Tenant
E.L. (the 'Tenant') filed a motion to set aside order LTB-L-029703-22 because, before the
eviction order was enforced, the Tenant paid the amount required under subsection 74(11) of the
Residential Tenancies Act, 2006 (the 'Act') to void the order.
This motion was heard by videoconference on March 6, 2023. The Landlord’s representative Brett
Lockwood and the Tenant’s representative Ayla Kim attended the hearing.
Determinations:
1. The Tenant has not previously made a motion under subsection 74(11) of the Act to set
aside an eviction order during this tenancy.
2. Before the Tenant filed this motion, the Tenant paid a total of $11,719.00 to the Landlord.
The amount paid represents all the rent that is in arrears under the tenancy agreement, all
additional rent that would have been due under the tenancy agreement up to February 28,
2023, all NSF and related administration fees the Landlord incurred and the filing fee for
this application. This payment is at least the amount required under subsection 74(11) to
void the eviction order.
3. The Landlord paid $333.00 to the Court Enforcement Office (Sheriff) for the purpose of
enforcing the eviction and this amount is non-refundable.
4. The Tenant has reimbursed the Landlord for the enforcement costs the Landlord incurred.
It is ordered that:
1. Order LTB-L-029703-22 is void and cannot be enforced by the Landlord.
____________________________
March 21, 2023
Date Issue d Alicia Johnson
Member, Landlord and Tenant Board
2023 ONLTB 26337 (CanLII)
Order Page 1 of 2
File Number: LTB-L-029703-22-VO
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.
Notes:
• The Tenant cannot make another motion under subsection 74(11) of the Act to set aside
an eviction order during the period of the Tenant's tenancy agreement with the Landlord.
Order Page 2 of 2
2023 ONLTB 26337 (CanLII)