LTB Order LTB-L-037159-25

Order under Section 69 Residential Tenancies Act, 2006 File Number: LTB-L-037159-25 In the matter of: Top Unit (Main FLR & 2nd FLR), 91 TITAN TRAIL MARKHAM ON L3S0E4 Between: S.G.S. Landlords Fiona Khalid AUG 01, 2025 And W.D. Tenants Mahtab D. Summera Sharif D. Haseeb D. S.G.S. and Fiona Khalid (the 'Landlords') applied for an order to terminate the tenancy and evict W.D., Mahtab D., Summera Sharif D. and Haseeb D. (the 'Tenants') because the Tenants did not pay the rent that the Tenants owes. This application was heard by videoconference on July 28, 2025. The Landlord Fiona Khalid, the Landlord’s Representative Lorrie McCullough, the Tenants’ Representative Shahid Mirza and the Tenant Haseeb D. attended the hearing. Preliminary issue: 1. At the onset of the hearing the Tenants’ Representative submitted that the Tenants have a separate T2 and T6 application before the Board and requested that the L1 application be combined with the T2 and T6 application, LTB-T-043625-25. 2. The Landlords’ Representative objected to this request and submitted that the T2 and T6 applications were previously scheduled before the Board and was adjourned to a date yet to be scheduled. They submitted that the Tenants did not request for the matters to be combined. Furthermore, they submitted that the issues the Tenants plan to raise on the Landlords’ L1 application, under s.82 of the Residential Tenancies Act, 2006 (the 'Act'), are the same claims being raised in their T2 and T6 application already before the Board. They submitted that the Tenants are not allowed to raise these issues under s. 82 of the Act. 3. The Tenants’ Representative submitted that while some of the claims on the T2 and T6 applications are identical some incidents occurred after the filing of the Tenants’ application. A review of the s. 82 issues claimed under the L1 application and the claims in the Tenants’ T2 and T6 application, LTB-T-043625- 25, supported the Landlords’ claims that the issues are identical. In considering Order Page 1 of 5  File Number: LTB-L-037159-25 the evidence before me on this and the Tenants’ application, I will consider the common law doctrine of res judicata which confirms the principle of avoiding the duplication of claims and the finality of a decision. The general principles of the doctrine of res judicata were reviewed by this Court relatively recently in Cliffs Over Maple Bay. In brief terms, the doctrine of res judicata prevents a litigant from pursuing a matter that was subject to a proceeding currently before the Board or already decided by the Board. 4. The Tenants may seek an amendment of their T2 and T6 applications currently before the Board to include incidents that are not already included, but I find that the Tenants may not make the same exact claim twice in an attempt to receive two different orders, the law prohibits this duplication of proceedings. Therefore, the Tenants’ claim under s.82 is dismissed and the hearing shall proceed on the Landlords’ L1 application only. Determinations: 5. The Landlords served the Tenants with a valid Notice to End Tenancy Early for Non- payment of Rent (N4 Notice). The Tenants 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. 6. As of the hearing date, the Tenants were still in possession of the rental unit. 7. The lawful rent is $4,000.00. It is due on the 1st day of each month. 8. Based on the Monthly rent, the daily rent/compensation is $131.51. This amount is calculated as follows: $4,000.00 x 12, divided by 365 days. 9. The Tenants have not made any payments since the application was filed. 10. The rent arrears owing to July 31, 2025 are $13,200.00. 11. The Landlords incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 12. The Landlords collected a rent deposit of $3,300.00 from the Tenants and this deposit is still being held by the Landlords. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 13. Interest on the rent deposit, in the amount of $81.82 is owing to the Tenants for the period from August 1, 2024 to July 28, 2025. Relief from eviction 14. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until August 31, 2025 pursuant to subsection 83(1)(b) of the Act. 15. The Landlords’ Representative requested a termination of the tenancy. They submitted that the Tenants nonpayment of rent has caused financial strain on the Landlords and that they are forced to use their savings to cover operating expenses of the rental unit. Order Page 2 of 5  File Number: LTB-L-037159-25 16. The Tenants requested I exercise discretion by granting relief from eviction by way of a payment plan. The Tenants submitted that they have combined monthly income of $5,000.00 propose to keep the rent current and pay the Landlords $500.00 each month towards the arrears starting August 1, 2025. However, the Tenants stated that the rent would increase to $4,000.00 on August 1, 2025 and, while they’re able to pay the rent at the current rate, they are unable to pay the increased amount. They testified that they have four children between the ages of two months and five years old living in the unit and that their wife is currently undergoing cancer treatment, along with other health issues. They submitted that other members of the household also suffer from other health ailments. In the alternative, they requested that the eviction be delayed by six months to allow additional time to find housing. 17. In considering the Tenants household income and testimony that they would be unable to pay the rent at the increased rate staring August 1, 2025, I am of the view that this is not a viable tenancy given the Tenants’ inability to afford the monthly rent let alone any payments towards the arrears. Though I find a six-month delay unreasonable a brief delay will give the Tenants more time to find suitable accommodations, given their financial circumstances and health related issues. The Landlords do hold a last month deposit that could offset the total balance outstanding. It is ordered that: 1. The tenancy between the Landlords and the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlords or to the LTB in trust: • $17,386.00 if the payment is made on or before August 31, 2025. See Schedule 1 for the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants has paid the full amount owing as ordered plus any additional rent that became due after August 31, 2025 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before August 31, 2025. 5. If the Tenants do not void the order, the Tenants shall pay to the Landlords $9,686.46. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlords owes on the rent deposit are deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlords compensation of $131.51 per day for the use of the unit starting July 29, 2025 until the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlords the full amount owing on or before August 31, 2025, the Tenants will start to owe interest. This will be simple interest calculated from September 1, 2025 at 4.00% annually on the balance outstanding. Order Page 3 of 5  File Number: LTB-L-037159-25 8. If the unit is not vacated on or before August 31, 2025, then starting September 1, 2025, the Landlords may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 9. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlords on or after September 1, 2025. August 1, 2025 ____________________________ Date Issued Ender Joseph 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. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on March 1, 2026 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 4 of 5  File Number: LTB-L-037159-25 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before August 31, 2025 Rent Owing To August 31, 2025 $17,200.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlords since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount the Landlords owes the Tenants for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total the Tenants must pay to continue the tenancy $17,386.00 B. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $12,882.28 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlords since the - $0.00 application was filed Less the amount the Tenants paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $3,300.00 Less the amount of the interest on the last month's rent deposit - $81.82 Less the amount the Landlords owes the Tenants for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenants is entitled to - $0.00 Total amount owing to the Landlords $9,686.46 Plus daily compensation owing for each day of occupation starting $131.51 July 29, 2025 (per day) Order Page 5 of 5