LTB Order LTB-L-036539-22
- Citation
- 2023 ONLTB 22380
- Decided
- 2023-03-03
- Rental unit
- 122-1421 Brookdale Avenue Cornwall, ON K6J 5E8
- Landlord
- 8985979 Canada Inc. (Devcore Group)
- Tenant
- N.D.
- RTA section
- s. 69
Order under Section 69
Residential Tenancies Act, 2006
Citation: 8985979 Canada Inc. (Devcore Groupe) v D., 2023 ONLTB 22380
Date: 2023-03-03
2023 ONLTB 22380 (CanLII)
File Number: LTB-L-036539-22
In the matter of: 122-1421 Brookdale Avenue
Cornwall, ON K6J 5E8
Between: 8985979 Canada Inc. (Devcore Group) Landlord
And
N.D. Tenant
8985979 Canada Inc. (Devcore Group) (the 'Landlord') applied for an order to terminate the
tenancy and evict N.D. (the 'Tenant') because the Tenant did not pay the rent that the
Tenant owes.
This application was heard by videoconference on February 13, 2023.
Only the Landlord’s Legal Representative Arashdeep Grewal attended the hearing.
As of 9:31 am, the Tenant was not present or represented at the hearing although properly
served with notice of this hearing by the LTB. There was no record of a request to adjourn the
hearing. As a result, the hearing proceeded with only the Landlord's evidence.
Determinations:
1. The Landlord served the Tenant with a valid Notice to End Tenancy Early for Non-payment
of Rent (N4 Notice). The Tenant did not void the notice by paying the amount of rent
arrears owing by the termination date in the N4 Notice or before the date the application
was filed.
2. The Tenant was in possession of the rental unit on the date the application was filed.
3. The Tenant vacated the rental unit on November 30, 2022. Rent arrears are calculated up
to the date the Tenant vacated the unit.
4. The lawful rent is $. It was due on the 1st day of each month.
5. The Tenant has paid $1,650.00 to the Landlord since the application was filed.
6. The rent arrears owing to November 30, 2022 are $11,550.00.
7. The Landlord incurred costs of $186.00 for filing the application and is entitled to
reimbursement of those costs.
8. There is no last month's rent deposit.
Order Page: 1 of 3
File Number: LTB-L-036539-22
It is ordered that:
9. The tenancy between the Landlord and the Tenant is terminated as of November 30, 2022,
the date the Tenant moved out of the rental unit
2023 ONLTB 22380 (CanLII)
10. The Tenant shall pay to the Landlord $11,736.00. This amount includes rent arrears owing
up to the date the Tenant moved out of the rental unit and the cost of filing the application.
See Schedule 1 for the calculation of the amount owing.
11. If the Tenant does not pay the Landlord the full amount owing on or before March 14,
2023, the Tenant will start to owe interest. This will be simple interest calculated from
March 15, 2023 at 5.00% annually on the balance outstanding.
March 3, 2023
Date Issued Jagger Benham
Member, Landlord and Tenant Board
15 Grosvenor St, 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.
Order Page: 2 of 3
File Number: LTB-L-036539-22
Schedule 1
SUMMARY OF CALCULATIONS
2023 ONLTB 22380 (CanLII)
A. Amount the Tenant must pay as the tenancy is terminated
Rent Owing To Move Out Date $13,200.00
Application Filing Fee $186.00
Less the amount the Tenant paid to the Landlord since the - $1,650.00
application was filed
Total amount owing to the Landlord $11,736.00
Order Page: 3 of 3