LTB Order LTB-L-036442-23
- Citation
- 2023 ONLTB 38362
- Decided
- 2023-05-25
- Rental unit
- 1409, 2180 ELLESMERE RD Toronto ON M1G3M4
- Landlord
- T.C.H.C.
- Tenant
- M.P.
- RTA section
- s. 78(6)
Order under Section 78(6)
Residential Tenancies Act, 2006
2023 ONLTB 38362 (CanLII)
Citation: T.C.H.C. v P., 2023 ONLTB 38362
Date: 2023-05-25
File Number: LTB-L-036442-23
In the matter of: 1409, 2180 ELLESMERE RD
T. ON M1G3M4
Between: T.C.H.C. Landlord
And
M.P. Tenant
T.C.H.C. (the 'Landlord') applied for an order to terminate the
tenancy and evict M.P. (the 'Tenant') because the Tenant did not meet a condition
specified in the order issued by the LTB on April 27, 2023 with respect to application LTB-
L051487-22.
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 did not pay the lawful rent for April 2023 in full on or before April 1, 2023.
It is ordered that:
1. Order LTB-L-051487-22 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 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.
Order Page: 1 of 2
File Number: LTB-L-036442-23
2023 ONLTB 38362 (CanLII)
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.
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 38362 (CanLII)