LTB Order LTB-L-045076-22

Order under Section 69 Residential Tenancies Act, 2006 2023 ONLTB 24767 (CanLII) Citation: Capreit Limited Partnership v Currie, 2023 ONLTB 24767 Date: 2023-03-15 File Number: LTB-L-045076-22 In the matter of: 409, 25 BAY MILLS BLVD TORONTO ON M1T3P4 Between: Capreit Limited Partnership Landlord And J.B.E. Tenants Shade Shanice Currie Capreit Limited Partnership (the 'Landlord') applied for an order to terminate the tenancy and evict J.B.E. and Shade Shanice Currie (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on March 2, 2023. Only the Landlord’s Legal Representative Geoff Paine attended the hearing. As of 10:07 a.m., the Tenants 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. Since the Tenants did not attend and the Landlord was prepared to proceed, the matter proceeded by way of an uncontested hearing pursuant to section 7 of the Statutory Powers Procedure Act, R.S.O. 1990. Determinations: 1. At the hearing the Landlord’s Legal Representative relied on oral submissions and referred to documents to support their application. 2. The Landlord served the Tenants with a valid Notice to End Tenancy Early for Nonpayment 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. 3. The Tenants were in possession of the rental unit on the date the application was filed. Order Page: 1 of 3  4. The Tenants vacated the rental unit on January 20, 2023. Rent arrears are calculated up to the date the Tenants vacated the unit. 5. The lawful rent was $1,953.16 and increased to $2,001.98 on January 1, 2023. It was due on the 1st day of each month. 6. The Tenants have paid $3,906.32 to the Landlord since the application was filed. 2023 ONLTB 24767 (CanLII) File Number: LTB-L-045076-22 7. The rent arrears owing to January 20, 2023 are $9,129.04. 8. The Landlord incurred costs of $186.00 for filing the application and is entitled to reimbursement of those costs. 9. There is no last month's rent deposit. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated as of January 20, 2023, the date the Tenants moved out of the rental unit 2. The Tenants shall pay to the Landlord $9,315.04. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 3. If the Tenants do not pay the Landlord the full amount owing on or before March 26, 2023, the Tenants will start to owe interest. This will be simple interest calculated from March 27, 2023 at 5.00% annually on the balance outstanding. March 15, 2023 ____________________________ Date Issued John Cashmore Member, Landlord and Tenant Board 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. File Number: LTB-L-045076-22 Schedule 1 Order Page: 2 of 3  SUMMARY OF CALCULATIONS A. Amount the Tenants must pay as the tenancy is terminated Rent Owing To Move Out Date $13,035.36 2023 ONLTB 24767 (CanLII) Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $3,906.32 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 - $0.00 Less the amount of the interest on the last month's rent deposit - $0.00 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 $9,315.04 Order Page: 3 of 3