Evictly

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)