LTB Order LTB-L-041795-22

Order under Section 69 Residential Tenancies Act, 2006 Citation: D. v Doxtator, 2023 ONLTB 31079 2023 ONLTB 31079 (CanLII) Date: 2023-04-12 File Number: LTB-L-041795-22-RV In the matter of: UNIT 2, 106 HIGH ST LONDON ON N6C4K1 Between: J.D. Landlord APR 12, 2023 And K.I. Tenants Simone Doxtator Review Order J.D. (the 'Landlord') applied for an order to terminate the tenancy and evict K.I. and Simone Doxtator (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard on February 27, 2023 and resolved by order LTB-L-041795-22 issued on March 8, 2023. On March 8, 2023, the Landlord requested a review of the order. The request for review alleges that the Landlord was not reasonably able to participate in the hearing. On March 9, 2023 interim order LTB-L-041795-22-RV-IN was issued, staying the order issued on March 8, 2023. This request for review was heard by way of video conference on March 30, 2023. Only the Landlord’s legal representative Carmen Dawdy attended the hearing. As of 9:42am, 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. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: Review Request: 1. The order issued on March 8, 2023 dismissed the Landlord’s application as abandoned as neither the Landlord nor the Tenants attended the hearing on February 27, 2023. Order Page: 1 of 5  File Number: LTB-L-041795-22-RV 2. The Landlord’s request for review alleges that the Landlord’s representative misdiarized the hearing date in their calendar and as such were not in attendance on the hearing date. 3. Based on the submissions of the Landlord, I am satisfied that the Landlord was not reasonably able to participate in the hearing. Although properly served with notice of 2023 ONLTB 31079 (CanLII) hearing by the Board, the Landlords non-attendance was due to human error. The evidence before me is clear that the Landlord had every intention of attending the hearing and had it not been for misdiarizing the hearing date, the Landlord would have participated in the hearing on February 27, 2023. 4. As such, the Landlord’s request for review is granted and the matter was heard de novo (anew). L1 application: 5. 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. 6. As of the hearing date, the Tenant was still in possession of the rental unit. 7. The lawful rent is $2,100.00. It is due on the 1st day of each month. 8. Based on the Monthly rent, the daily rent/compensation is $69.04. This amount is calculated as follows: $2,100.00 x 12, divided by 365 days. 9. The Tenant has not made any payments since the application was filed. 10. The rent arrears owing to March 31, 2023 are $19,400.00. 11. The Landlord incurred costs of $244.00 for filing the application and is entitled to reimbursement of those costs. 12. The Landlord collected a rent deposit of $2,100.00 from the Tenant and this deposit is still being held by the Landlord. The rent deposit can only be applied to the last rental period of the tenancy if the tenancy is terminated. 13. Interest on the rent deposit, in the amount of $46.78 is owing to the Tenant for the period from November 1, 2021 to March 30, 2023. 14. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including the impact of COVID-19 on the parties and whether the Landlord attempted to negotiate a repayment agreement with the Tenant and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: 1. The request to review order LTB-L-041795-22 issued on March 8, 2022 is granted. The order is cancelled and replaced with this order. Order Page: 2 of 5  File Number: LTB-L-041795-22-RV 2. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 3. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: 2023 ONLTB 31079 (CanLII)  $21,744.00 if the payment is made on or before April 23, 2023. See Schedule 1 for the calculation of the amount owing. 4. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after April 23, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 5. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before April 23, 2023 6. If the Tenant does not void the order, the Tenant shall pay to the Landlord $17,468.42. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 7. The Tenant shall also pay the Landlord compensation of $69.04 per day for the use of the unit starting March 31, 2023 until the date the Tenant moves out of the unit. 8. If the Tenant does not pay the Landlord the full amount owing on or before April 23, 2023, the Tenant will start to owe interest. This will be simple interest calculated from April 24, 2023 at 6.00% annually on the balance outstanding. 9. If the unit is not vacated on or before April 23, 2023, then starting April 24, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 10. 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 April 24, 2023. April 12, 2023 Date Issued Fabio Quattrociocchi 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: 3 of 5  File Number: LTB-L-041795-22-RV In accordance with section 81 of the Act, the part of this order relating to the eviction expires on October 24, 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. *Note: When the Board directs payment-out, the Canadian Imperial Bank of Commerce will issue a cheque to the 2023 ONLTB 31079 (CanLII) appropriate party named in this notice. The cheque will be in the amount directed plus any interest accrued up to the date of the notice Order Page: 4 of 5  File Number: LTB-L-041795-22-RV Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order and continue the tenancy if the payment is made on or before April 23, 2023 2023 ONLTB 31079 (CanLII) Rent Owing To April 30, 2023 $21,500.00 Application Filing Fee $244.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the Landlord owes the Tenant for - $0.00 an{abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $21,744.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $19,371.20 Application Filing Fee $244.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $2,100.00 Less the amount of the interest on the last month's rent deposit - $46.78 Less the amount the Landlord owes the Tenant for an - $0.00 {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the Landlord $17,468.42 Plus daily compensation owing for each day of occupation starting $69.04 March 31, 2023 (per day) Order Page: 5 of 5