LTB Order LTB-L-030738-22
- Citation
- 2023 ONLTB 25424
- Decided
- 2023-03-07
- Rental unit
- Basement, 116 YORK DOWNS DR NORTH YORK ON M3H2G7
- Landlord
- Z.K.
- Tenant
- D.A.P.U.S.R.T.A.C.K.V.M.
2023 ONLTB 25424 (CanLII)
Order U. S. 74(6)
and D. A. Payment-Out U. S. 195(2)
R. T. Act, 2006
Citation: K. v Miyazawa, 2023 ONLTB 25424
Date: 2023-03-07 File Number:
LTB-L-030738-22-VO
In the matter of: Basement, 116 YORK DOWNS DR NORTH
YORK ON M3H2G7
Between: Z.K. Landlord
And
Tsuneaki Miyazawa Tenant
On February 2, 2023, the Board issued order LTB-L-030738-22 terminating the tenancy and
evicting Tsuneaki Miyazawa (the 'Tenant') because the Tenant failed to pay rent that the Tenant
owes.
On March 6, 2023, the Tenant filed a motion to void order LTB-L-030738-22 because before the
eviction order became enforceable, the Tenant paid to the Board in trust the amount required to
void the order U. S. 74(4) of the R. T. Act, 2006 (the 'Act').
This motion was addressed without a hearing being held.
Determinations:
1. Before the Tenant filed this motion, the Tenant paid a total of $5,334.00 to the Board in
trust. The amount paid represents all the rent that is in arrears U. the tenancy
agreement, all additional rent that would have been due U. the tenancy agreement up
to March 31, 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 U.
S. 74(6) to void the eviction order.
It is ordered that:
1. Order LTB-L-030738-22 is void and cannot be enforced by the Landlord.
2. The amount of $5,334.00 paid into the LTB by the Tenant shall be paid out to the Landlord
3. The Board shall pay to the Landlord the amount $5,334.00 together with any accrued
interest.
2023 ONLTB 25424 (CanLII)
Order Page 1 of 2
File Number: LTB-L-030738-22-VO
March 7, 2023 ____________________________ Date Issued
Curtis Begg
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.
Notes:
• When the LTB directs payment-out, the Canadian Imperial Bank of Commerce will issue a
cheque to the appropriate party(ies) named in this order. The cheque will be in the amount
directed plus any interest accrued up to the date of this order.
Order Page 2 of 2
2023 ONLTB 25424 (CanLII)