Evictly

LTB Order LTB-L-038738-23

Citation
2023 ONLTB 56479
Decided
2023-08-17
Rental unit
501-108 Edgehill Drive Barrie, ON L4N 5A3
Landlord
Guyval Investments Inc c/o Realstar
Tenant
M.K.
RTA section
s. 78(11)
2023 ONLTB 56479 (CanLII) Order under Section 78(11) Residential Tenancies Act, 2006 Citation: Guyval Investments Inc c/o Realstar Management Partnership v K., 2023 ONLTB 56479 Date: 2023-08-17 File Number: LTB-L-038738-23-SA In the matter of: 501-108 Edgehill Drive Barrie, ON L4N 5A3 Between: Guyval Investments Inc c/o Realstar Landlord Management Partnership And M.K. Tenants Stephanie Skinner Guyval Investments Inc c/o Realstar Management Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict M.K. and Stephanie Skinner (the 'Tenants') because the Tenants did not meet a condition specified in the mediated settlement signed by the parties on May 4, 2023 with respect to application LTB-L-032577-22. The Landlord’s application was resolved by order LTB-L-038738-23, issued on June 9, 2023. The Tenants filed a motion to set aside order LTB-L-038738-23 on June 20, 2023. This motion was heard by videoconference on August 2, 2023. Only the Landlord’s Legal Representative Martin Zarnett attended the hearing. As of 9:57 am, the Tenants were 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. Determinations: 1. Since the Tenants did not appear at the hearing in support of their set aside motion, I find that this motion has been abandoned and the Tenants’ motion is denied. It is ordered that: 1. The motion to set aside order LTB-L-038738-23, issued on June 9, 2023, is denied. 2. The stay of order LTB-L-038738-23 is lifted immediately. Order Page 1 of 2 2023 ONLTB 56479 (CanLII) File Number: LTB-L-038738-23-SA August 17, 2023 ____________________________ Date Issued Jagger Benham 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. Order Page 2 of 2