LTB Order LTB-L-037168-22
- Citation
- 2023 ONLTB 37109
- Decided
- 2023-05-25
- Rental unit
- 242849 Maplewood Rd RR3 DURHAM ON N0G1R0
- Landlord
- B.B.
- Tenant
- C.B.
- RTA section
- s. 69
File Number: LTB-L-037168-22
2023 ONLTB 37109 (CanLII)
Order under Section 69
Residential Tenancies Act, 2006
Citation: B.B. v Owen B., 2023 ONLTB 37109
Date: 2023-05-25
File Number: LTB-L-037168-22
In the matter of: 242849 Maplewood Rd RR3
DURHAM ON N0G1R0
Between: B.B. Landlord
And
C. B. Tenants
Owen B.
B.B. (the 'Landlord') applied for an order to terminate the tenancy and evict C.
B. and Owen B. (the 'Tenants') because the Landlord requires possession of the
rental unit in order to demolish the unit.
The Landlord also claimed compensation for each day the Tenants remained in the unit after the
termination date.
This application was heard by videoconference on April 20, 2023.
The Landlord and the Tenants attended the hearing.
Determinations:
1. On June 28, 2022, the Landlord gave the Tenants an N13 notice of termination with the
termination date of October 31, 2022. The Landlord claims vacant possession of the rental
unit is required for the purpose of demolition.
2. The Tenants were in possession of the rental unit when the application was filed
3. The residential complex contains fewer than five residential units and the demolition was
not ordered to be carried out under the authority of any other Act. Therefore, the Landlord
is required to compensate the Tenants in an amount equal to one month's rent by the
termination date or offer the Tenants another rental unit acceptable to the Tenants.
Order page 2 of 2
File Number: LTB-L-037168-22
4. The Landlord has not paid the Tenants the required compensation and the termination
2023 ONLTB 37109 (CanLII)
date has passed. As a result, the Landlord's application must be dismissed.
It is ordered that:
1. The Landlord’s application is dismissed.
May 25, 2023 Date Issued
15 Grosvenor Street, Ground Floor, ____________________________
Toronto ON M7A 2G6 Mark Melchers
Member, Landlord and Tenants Board
If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234.
Order page 2 of 2