LTB Order LTB-L-040628-23

Order under Section 78(6) Residential Tenancies Act, 2006 2023 ONLTB 44037 (CanLII) Citation: T.C.H.C. v B., 2023 ONLTB 44037 Date: 2023-06-21 File Number: LTB-L-040628-23 In the matter of: 1404, 61 PELHAM PARK GDNS T. ON M6N1A8 Between: T.C.H.C. Landlord And J.A.B. Tenant T.C.H.C. (the 'Landlord') applied for an order to terminate the tenancy and evict J.A.B. (the 'Tenant') because the Tenant did not meet a condition specified in the order issued by the LTB on November 18, 2020, with respect to application TSL13871-20. This application was decided without a hearing being held. Determinations: 1. The order provides that the Landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenant to terminate the tenancy and evict the Tenant if the Tenant does not meet certain condition(s) in the order. This application was filed within 30 days of the breach. 2. I find that the Tenant has not met the following conditions specified in the order: On April 28, 2023, T. Police Services attended the residential complex to address a report of disturbance. The Tenant was observed on closed circuit television and by other residents damaging the door of the victim’s unit by hacking and slashing the door with a knife. In addition, the Tenant made threating comments towards the victim while he was inside the unit. The Tenant was arrested by T. Police Services and taken into custody for Weapon Dangerous, Mischief and Uttering Threats. It is ordered that:  1. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before July 2, 2023. Order Page: 1 of 2 2023 ONLTB 44037 (CanLII) File Number: LTB-L-040628-23 2. If the unit is not vacated on or before July 2, 2023, then starting July 3, 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 3, 2023. June 21, 2023 Date Issued Kimberly Parish Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, T. ON M7A 2G6 The Tenant has until July 1, 2023, to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenant files the motion by July 1, 2023, the order will be stayed, and the LTB will schedule a hearing. 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 January 3, 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 44037 (CanLII)