LTB Order LTB-L-039902-22
- Citation
- 2023 ONLTB 22073
- Decided
- 2023-02-27
- Rental unit
- 1, 30 CLEARVIEW HTS YORK ON M6M2A1
- Landlord
- D.V.
- Tenant
- J.G.
- RTA section
- s. 69
Order under Section 69
Residential Tenancies Act, 2006
Citation: V. v G., 2023 ONLTB 22073
Date: 2023-02-27
2023 ONLTB 22073 (CanLII)
File Number: LTB-L-039902-22
In the matter of: 1, 30 CLEARVIEW HTS
YORK ON M6M2A1
Between: D.V. Landlord
And
J.G. Tenants
Ruben Ibarra Canales
D.V. (the 'Landlord') applied for an order to terminate the tenancy and evict J.
G. and Ruben Ibarra Canales (the 'Tenants') because the Tenants did not pay the rent that
the Tenants owe.
This application was heard by videoconference on February 15, 2023. Only the Landlord
attended the hearing. As of 3:10pm, 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 Tenants with a valid Notice to End Tenancy Early for Non-
payment of Rent (N4 Notice). The Tenants 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. The Tenants were in possession of the rental unit on the date the application was filed.
3. As of the hearing date, the only amount outstanding is part of the Landlord's cost of filing
the application. As a result, the order will be limited to costs only and not eviction.
It is ordered that:
1. The Tenants shall pay to the Landlord $186.00 for the cost of filing the application.
2. If the Tenants do not pay the Landlord the full amount owing on or before March 10, 2023,
the Tenants will start to owe interest. This will be simple interest calculated from March 11,
2023 at 5.00% annually on the balance outstanding.
Order Page: 1 of 2
File Number: LTB-L-039902-22
February 27, 2023
Date Issued Fabio Quattrociocchi
Member, Landlord and Tenant Board
2023 ONLTB 22073 (CanLII)
15 Grosvenor St, 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