LTB Order LTB-L-032990-23

2023 ONLTB 37508 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Capreit Limited Partnership v D., 2023 ONLTB 37508 Date: 2023-05-23 File Number: LTB-L-032990-23 In the matter of: 705, 4010 LAWRENCE AVE E SCARBOROUGH ON M1E2R4 Between: Capreit Limited Partnership Landlord And S.D. Tenant On April 24, 2023, Capreit Limited Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict S.D. (the 'Tenant') because the Tenant did not meet a condition specified in the order issued by the LTB on January 19, 2023, with respect to application LTB-L-026628-22. This application was decided without a hearing being held. Determinations: 1. The order 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 order. 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 order: The Tenant failed to pay to the Landlord the lawful rent on or before April 1, 2023. It is ordered that: 1. Order LTB-L-026628-22 is cancelled. 2. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before June 3, 2023.  3. If the unit is not vacated on or before June 3, 2023, then starting June 4, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 2023 ONLTB 37508 (CanLII) Order Page: 1 of 2 File Number: LTB-L-032990-23 4. 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 4, 2023. May 23, 2023 ____________________________ Date Issued Kimberly Parish Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until June 2, 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 June 2, 202, 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 December 4, 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 37508 (CanLII)