LTB Order LTB-L-039063-22

Order under Section 69 2023 ONLTB 25386 (CanLII) Residential Tenancies Act, 2006 Citation: Lamda Lamda Lamda Developments Inc. v O., 2023 ONLTB 25386 Date: 2023-03-16 File Number: LTB-L-039063-22 In the matter of: 205, 15 WELLINGTON ST ST CATHARINES ON L2R5P7 Between: Lamda Lamda Lamda Developments Inc. Landlord And D.O. Tenant Lamda Lamda Lamda Developments Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict D.O. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 15, 2023. Only the Landlord’s representative Curt Anderson attended the hearing. As of 9:40 a.m., the Tenant was 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. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. The Landlord served the Tenant with a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice). The Tenant 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. 2. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $700.00. It is due on the 1st day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $23.01. This amount is calculated as follows: $700.00 x 12, divided by 365 days. 5. The Tenant has paid all arrears for the period ending February 28, 2023.  6. 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 grant relief from eviction pursuant to subsection 83(1)(a) of the Act. The only amount outstanding is the Landlord’s cost of filing the application. As a result, the order will be limited to costs only and not eviction. 2023 ONLTB 25386 (CanLII) Order Page: 1 of 2 File Number: LTB-L-039063-22 It is ordered that: 1. The Tenant shall pay to the Landlord $186.00 for the cost of filing the application. 2. If the Tenant does not pay the Landlord the full amount owing on or before April 2, 2023 the Tenant will start to owe interest. This will be simple interest calculated from April 3, 2023 at 5.00% annually on the balance outstanding. March 22, 2023 ____________________________ Date Issued André-Paul Baillargeon-Smith 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 September 28, 2023 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 25386 (CanLII)