LTB Order LTB-L-042152-25

Order under Section 69 Residential Tenancies Act, 2006 Citation: K. v PARREDON-MCKENZIE, 2025 ONLTB 83369 Date: 2025-10-24 File Number: LTB-L-042152-25 In the matter of: 1102, 10 WILBY CRES YORK ON M9N0B6 Between: B.K. Landlord OCT 24, 2025 And M.P. Tenant B.K. (the 'Landlord') applied for an order to terminate the tenancy and evict M. PARREDON-MCKENZIE (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on August 6, 2025. The member who presided at the hearing has resigned from the Board. As the Associate Chair of the Landlord and Tenant Board, I have determined that Member who heard the application is unable to issue a decision in this matter. The matter has therefore been reassigned on my own initiative under the authority of subsection 4.4(1) of the Statutory Powers Procedure Act. As the reassigned adjudicator, I have reviewed the evidence and submissions provided by the parties during the hearing held on the date noted above and have listened to the hearing recording. I am satisfied that I am able make a decision based on the existing evidentiary record as permitted by subsection 4.4(6) of the Statutory Powers Procedure Act. Therefore, a new hearing was not held for this matter. The Landlord and the Tenant attended the hearing. Determinations: 1. This application is coloured by the parallel process undertaken by the Landlord bringing an earlier application for arrears only. On May 21, 2025, the Board heard L9 application LTB- L-014827-25, which by an order dated June 25, 2025 arrears only in the amount of $10,800.00 for rent due through the rental period ending June 14, 2025. 2. Order LTB-L-014827-25 extinguished any further jurisdiction of the Board to deal with the rent covered by that order. The current application can proceed insofar as the arrears arising after that order, as rent due on or after June 15, 2025 remains open to the Board’s jurisdiction. Order Page 1 of 5  File Number: LTB-L-042152-25 3. I am further satisfied that the Board may consider termination of the tenancy in the current application, despite order LTB-L-014827-25 settling some of the arrears covered by the initial notice. There was no issue with the N4 notice dated April 16, 2025, as it stated that as of that date, rent remained entirely unpaid for the rental periods commencing on the 15th of February, March, and April, and that $8,100.00 was required to void the notice. After this L1 was filed, it remained open to the Tenant to discontinue the L1 application by paying all rent arrears plus the Landlord’s filing fee for the L1 to bring about a zero balance. Order LTB-L-014827-25 operated to take the arrears covered by it out of the amount required to discontinue this L1 application, as it remained open to the Tenant to redeem the tenancy by paying arrears due from June 15, 2025 to the date of, together with the L1 filing fee, to render the L1 moot. 4. The application can therefore be considered on its merits. 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 $2,700.00. It is due on the 15th day of each month. 8. Based on the Monthly rent, the daily rent/compensation is $88.77. This amount is calculated as follows: $2,700.00 x 12, divided by 365 days. 9. The Tenant has made no payment to rent or arrears to the Landlord since the application was filed, but the effect of order LTB-L-014827-25 has been to settle rent prior to the rent due prior to June 15, 2025. The amount awarded in LTB-L-014827-25 is therefore treated as a credit against the rent claimed in the application. 10. The rent arrears owing to August 14, 2025 are $5,400.00. 11. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 12. The Landlord collected a rent deposit of $2,700.00 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 $101.90 is owing to the Tenant for the period from February 2, 2024 to August 6, 2025. 14. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), including 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. The actual payment history as of the date of the hearing was that the Tenant had failed to pay any rent from February. Order Page 2 of 5  File Number: LTB-L-042152-25 15. The Tenant expressed an eagerness to find an alternate rental unit, but the current rental unit is advantageous as is located close to his child. The Tenant sought payment plans ranging from three to five months at the hearing. The Tenant indicated that he stopped paying rent in February pending decisions relating to the LTB applications. On review of the Tenant’s testimony, I accept that the bifurcation of process, including being served with Small Claims enforcement documents relating to the L9 shortly before this hearing, has resulted in confusion of how to proceed. Nevertheless, the bifurcation of process has also had the effect of the L9 removing more than $10,000.00 from the amount required for the Tenant to bring the tenancy back into good standing. Given the lack of payments in the months preceding the hearing, I am not satisfied that a conditional order is the appropriate exercise of discretion. The Tenant has the opportunity to void this order and bring a motion to void should he redeem the tenancy. Enforcement of an order in Toronto takes some time. Having regard to voiding rights and enforcement times, I am satisfied based on the payment history that an 11-day voidable order is appropriate to the disclosed circumstances. It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $13,686.00 if the payment is made on or before November 4, 2025. See Schedule 1 for the calculation of the amount owing. 3. 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 November 4, 2025 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. 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 November 4, 2025. 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $2,125.81. 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. 6. The Tenant shall also pay the Landlord compensation of $88.77 per day for the use of the unit starting August 7, 2025 until the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before November 4, 2025, the Tenant will start to owe interest. This will be simple interest calculated from November 5, 2025 at 4.00% annually on the balance outstanding. Order Page 3 of 5  File Number: LTB-L-042152-25 8. If the unit is not vacated on or before November 4, 2025, then starting November 5, 2025, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 9. 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 November 5, 2025. October 24, 2025 ____________________________ Date Issued Ian Speers Associate Chair, 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 May 5, 2026 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 4 of 5  File Number: LTB-L-042152-25 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 November 4, 2025 Rent Owing To November 14, 2025 $24,300.00 Application Filing Fee $186.00 Less the amount settled by order LTB-L-014827-25 - $10,800.00 Total the Tenant must pay to continue the tenancy $13,686.00 B. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $15,541.71 Application Filing Fee $186.00 Less the amount settled by order LTB-L-014827-25 - $10,800.00 Less the amount of the last month's rent deposit - $2,700.00 Less the amount of the interest on the last month's rent deposit - $101.90 Total amount owing to the Landlord $2,125.81 Plus daily compensation owing for each day of occupation starting $88.77 August 7, 2025 (per day) **Ongoing daily compensation continues to accumulate until the total amount owing (excluding costs) is $50,000.00. Order Page 5 of 5