LTB Order LTB-L-037889-23
- Citation
- 2023 ONLTB 39275
- Decided
- 2023-05-29
- Rental unit
- 407 THE WESTWAY ETOBICOKE ON M9R0B4
- Landlord
- D.W.
- Tenant
- J.D.Z.
- RTA section
- s. 77
Order under Section 77
Residential Tenancies Act, 2006
2023 ONLTB 39275 (CanLII)
Citation: D.W. v Patrizia D. Z., 2023 ONLTB 39275
Date: 2023-05-29
File Number: LTB-L-037889-23
In the matter of: 407 THE WESTWAY
ETOBICOKE ON M9R0B4
Between: D.W. Landlord
And
J.D.Z. Tenants Patrizia D. Z.
On May 10, 2023, D.W. (the 'Landlord') applied for an order to terminate the tenancy and
evict J.D.Z. and Patrizia D. Z. (the 'Tenants') because the Tenants entered into an
agreement to terminate the tenancy.
This application was considered without a hearing being held.
Determinations:
1. The Landlord and Tenants entered into an agreement to terminate the tenancy as of June
30, 2023.
2. Since the application was filed on a no-fault basis, on or before the termination date, it is
not appropriate to require the Tenant to pay the application filing fee as costs.
It is ordered that:
1. The tenancy between the Landlord and Tenants is terminated. The Tenants must move out
of the rental unit on or before June 30, 2023.
2. If the unit is not vacated on or before June 30, 2023, then starting July 1, 2023, the
Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction
may be enforced.
3. 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 July 1, 2023.
May 29, 2023
Date Issued Ian Speers
Associate Chair, Landlord and Tenant Board
Order Page 1 of 2
2023 ONLTB 39275 (CanLII)
File Number: LTB-L-037889-23
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.
The Tenants has until June 8, 2023 to file a motion with the LTB to set aside the order under
s.77(6) of the Act. If the Tenants files the motion by June 8, 2023 the order will be stayed and the
LTB will schedule a hearing.
In accordance with section 81 of the Act, the part of this order relating to the eviction expires on
January 1, 2024 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 39275 (CanLII)