LTB Order LTB-L-037981-22

Order under Section 69 2023 ONLTB 26021 (CanLII) Residential Tenancies Act, 2006 Citation: A. v I., 2023 ONLTB 26021 Date: 2023-03-20 File Number: LTB-L-037981-22 In the matter of: 891 GRAND M. RD W W. ON N9E1C2 Between: T.A. L. A. N. I. Tenants Youssof Taha T.A. (the 'L.') applied for an order to terminate the tenancy A. evict N. I. A. Youssof Taha (the 'Tenant') because the L. in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. This application was heard by videoconference on March 8, 2023. The L., the L.'s Legal Representative, R. Lammers, A. the Tenants attended the hearing. Determinations: 1. Section 48 (1) of the Residential Tenancies Act, 2006 (Act) provides that a L. may, by notice, terminate a tenancy if the L. in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year by the L.; the L.’s spouse; a child or parent of the L. or the L.’s spouse. 2. On June 27, 2022, the L. served the Tenants with a Notice to End your Tenancy Because the L., a Purchaser, or a Family Member Requires the Rental Unit (N12) with a termination date of August 31, 2022. The L. indicated in the notice that he intends to move into the rental unit A. occupy it for at least one year. 3. The L. testified that he purchased the rental unit in March 2021, A. his son wishes to attend the French immersion school near the rental unit hence he bought it. The L. further stated that he has two other properties in the city which he is unable to manage because he resides in the Greater Toronto Area.  4. The L. had a conversation with the Tenants A. was informed that they were looking for alternative accommodation A. when they failed to vacate the unit, he served the N12 notice of termination. 5. The Tenants who are a mother A. son, have resided in the unit for over four years. The male Tenant stated that the L. purchased the unit in 2021 A. tried to increase the 2023 ONLTB 26021 (CanLII) Order Page 1 of 2 File Number: LTB-L-037981-22 rent from $1,200.00 to $1,300.00 because they paid less than the mortgage each month. Following their pushback, the L. increased the rent to $1,215.00 in accordance with the guideline. The L. also informed them that he intends to renovate the unit. 6. In Feeny v. Noble, 1994 CanLII 10538 (ON SC), 19 O.R. (3d) 762 (“Feeney”), the Ontario Divisional Court made a decision under a similar provision in subsection 103(1) of the L. A. Tenant Act, R.S.O. 1990, c. L .7, A. held that: “…the test of good faith is a genuine intention to occupy the premises A. not the reasonableness of the L.’s proposal”. 7. Although the L. in this case made it seem that his ten-year-old child is responsible for the decisions about the school he attends, I find on a balance of probabilities that the L. intends to move into the unit A. occupy it for at least a year. The Tenants claimed that the L. was interested in a rent increase, but the increase was eventually taken within the guidelines A. no evidence was provided to sufficiently demonstrate that he does not in good faith intend to occupy the unit. 8. The L. compensated the Tenants an amount equal to one month's rent on August 22, 2022. 9. There is no last month's rent deposit. 10. I have considered all the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would not be unfair to postpone the eviction until July 31, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated. The Tenant must move out of the rental unit on or before July 31, 2023.  2. If the unit is not vacated on or before July 31, 2023, then starting August 1, 2023, the L. 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 L. on or after August 1, 2023. 2023 ONLTB 26021 (CanLII) April 17, 2023 ____________________________ Date Issued Jitewa Edu Member, L. A. 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 of the Tenant expires on February 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