LTB Order LTB-L-036400-23

Order under Section 78(6) 2023 ONLTB 38443 (CanLII) Residential Tenancies Act, 2006 Citation: T.C.H.C. v A.W., 2023 ONLTB 38443 Date: 2023-05-25 File Number: LTB-L-036400-23 In the matter of: 707, 2821 Birchmount Road T. ON M1W2C8 Between: T.C.H.C. Landlord And A.W. Tenant On April 29, 2023, T.C.H.C. (the 'Landlord') applied for an order to terminate the tenancy and evict A.W. (the 'Tenant') because the Tenant did not meet a condition specified in the order issued by the LTB on September 21, 2021 with respect to application TEL-17443-21. 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 the lawful rent for April 2023 in full on or before April 1, 2023. It is ordered that: 1. Order TEL-17443-21 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 5, 2023. 3. If the unit is not vacated on or before June 5, 2023, then starting June 6, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.  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 6, 2023. Order Page: 1 of 2 2023 ONLTB 38443 (CanLII) File Number: LTB-L-036400-23 May 25, 2023 ____________________________ Date Issued Kimberly Parish Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, T. ON M7A 2G6 The Tenant has until June 4, 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 4, 2023 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 6, 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 38443 (CanLII)