LTB Order LTB-L-045199-22

2023 ONLTB 31845 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: Investors Group Trust Co. Ltd c/o GWL Realty Advisors Residential Inc v D., 2023 ONLTB 31845 Date: 2023-04-21 File Number: LTB-L-045199-22 In the matter of: 1512, 2 HANOVER RD BRAMPTON ON L6S4H9 Between: Investors Group Trust Co. Ltd c/o GWL Landlord Realty Advisors Residential Inc A. B.R.D.A.C.G.D. Tenant Investors Group Trust Co. Ltd c/o GWL Realty Advisors Residential Inc (the 'Landlord') applied for an order to terminate the tenancy A. evict B.R.D.A.C.G.D. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on March 2, 2023. The Landlord’s representative Faith McGregor A. the Tenant C. D. attended the hearing. Determinations: 1. 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. 2. As of the hearing date, the Tenant was still in possession of the rental unit. 3. The lawful rent is $1,889.90. It is due on the 1st day of each month. Order Page: 1 of 5  File Number: LTB-L-045199-22 4. Based on the Monthly rent, the daily rent/compensation is $62.13. This amount is calculated as follows: $1,889.90 x 12, divided by 365 days. 5. The Tenant has paid $8,500.00 to the Landlord since the application was filed. 6. The rent arrears owing to March 31, 2023 are $13,611.56. 2023 ONLTB 31845 (CanLII) 7. The Landlord incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. The Landlord collected a rent deposit of $1,867.50 from the Tenant A. 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. 9. Interest on the rent deposit, in the amount of $16.18 is owing to the Tenant for the period from January 1, 2022 to March 2, 2023. 10. The Landlord’s representative requested the Board issue a standard order (11-day eviction). The Tenant testified that she had just made two additional payments to the Landlord for a total of $3800.00 towards the rent arrears A. requested a repayment plan of $550.00 per month. 11. The Tenant testified that she fell into arrears when her husband becoming ill A. was hospitalized A. was unable to work for a period of time. Her husband is now working again A. that they would be able to catch up with the rent arrears. The Tenant indicated that she could pay $550.00 towards the rent arrears monthly. The Landlord’s representative objected to the repayment plan at $550.00 A. argued that the Tenant could not afford the repayment plan based on the Tenant’s expenses A. monthly income. Also, the rent arrears are substantial A. with the proposed repayment plan would take over 24 months for the Landlord to receive the rent owed. 12. The Tenant testified that she still attempted to make payments after the application was filed A. made $8500.00 in payments. The Tenant testified that she has lived in the rental unit for five years A. has never been in rent arrears before. 13. The Tenant testified that she has three children A. one is a child with special needs who has supports in place in his school that are assisting him in his development. The Tenant is concerned that moving the child to another home A. school would negatively impact him A. interfere with his progress. 14. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), A. find that it would not be unfair to postpone the eviction until May 31, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 1. The tenancy between the Landlord A. the Tenant is terminated unless the Tenant voids this order. Order Page: 2 of 5  File Number: LTB-L-045199-22 2. The Tenant may void this order A. continue the tenancy by paying to the Landlord or to the LTB in trust: • $15,687.46 if the payment is made on or before April 30, 2023. See Schedule 1 for the calculation of the amount owing. 2023 ONLTB 31845 (CanLII) OR • $17,577.36 if the payment is made on or before May 31, 2023. 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 May 31, 2023 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 May 31, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $10,148.24. This amount includes rent arrears owing up to the date of the hearing A. the cost of filing the application. The rent deposit A. 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 $62.13 per day for the use of the unit starting March 3, 2023 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 May 2, 2023, the Tenant will start to owe interest. This will be simple interest calculated from May 3, 2023 at 6.00% annually on the balance outstanding. 8. The Landlord or the Tenant shall pay to the other any sum of money that is owed as a result of this order. 9. If the unit is not vacated on or before May 31, 2023, then starting June 1, 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 June 1, 2023. April 21, 2023 ____________________________ Date Issued Maria Shaw Order Page: 3 of 5  File Number: LTB-L-045199-22 Member, Landlord A. Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 2023 ONLTB 31845 (CanLII) 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 December 1, 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 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 Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before April 30, 2023 Rent Owing To April 30, 2023 $24,001.46 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $8,500.00 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 $15,687.46 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before May 31, 2023 Rent Owing To May 31, 2023 $25,891.36 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $8,500.00 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 Order Page: 4 of 5  File Number: LTB-L-045199-22 Total the Tenant must pay to continue the tenancy $17,577.36 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $20,345.92 Application Filing Fee $186.00 2023 ONLTB 31845 (CanLII) NSF Charges $0.00 Less the amount the Tenant paid to the Landlord since the - $8,500.00 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 - $1,867.50 Less the amount of the interest on the last month's rent deposit - $16.18 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 $10,148.24 Plus daily compensation owing for each day of occupation starting $62.13 March 3, 2023 (per day) Order Page: 5 of 5