LTB Order LTB-L-053614-22

Order under Section 88.2 & 89 Residential Tenancies Act, 2006 2023 ONLTB 60154 (CanLII) Citation: Su & C. v R., 2023 ONLTB 60154 Date: 2023-09-05 File Number: LTB-L-053614-22 In the matter of: 4580 16th ave Markham Ontario L8C0X7 Between: Y.S.S.A. L. W. M. C. A. C. R. Tenant Y.S.S.A. W. M. C. (the 'L.') applied for an order requiring C. R. (the 'Former Tenant') to pay the L.’s reasonable out-of-pocket costs that are the result of the Former Tenant’s failure to pay utility costs they were required to pay under the terms of the tenancy agreement. The L. also applied for an order requiring the 'Former Tenant' to pay the L.’s reasonable out-of-pocket costs that the L. has incurred or will incur to repair or replace undue damage to property. This application was heard by videoconference on June 15, 2023. The L.’s legal representative, Virginia Gao, A. the L. attended the hearing. The L.’s daughter, Tracey C., attended the hearing as the interpreter for the L. to translate between English A. Cantonese. I was satisfied Tracey C. was able to effectively act as translator for the hearing. Determinations: Order Page 1 of 4  File Number: LTB-L-053614-22 1. As explained below, the L. has proven on a balance of probabilities the allegations contained in the application. Therefore, the Former Tenants must pay the L. $14,413.28 by September 16, 2023. 2023 ONLTB 60154 (CanLII) 2. I am satisfied that the L. served the Former Tenants with the application A. Notice of Hearing in accordance with subsection 191(1.0.1) of the Residential Tenancies Act, 2006 (the “Act”) A. Rules 3.3 A. 5.8 of the LTB’s Rules of Procedure. These documents were served on May 25, 2023 by mailing the documents to the Tenant’s current residential address. 3. The Former Tenants vacated the rental unit on November 19, 2021. 4. The application was filed within one year after the Former Tenants ceased to be in possession of the rental unit. Compensation for unpaid utility costs 5. The L.’s Agent presented into evidence copies of the Former Tenants unpaid Markham city water bill in the amount of $1,16.94, Alectra water bill in the amount of $326.16 A. the Crown Crest water tank rental bill in the amount of $2,395.72. 6. The total utilities the Tenant owes is $4,338.72. The Former Tenants were required to pay the bills under the terms of the tenancy agreement. 7. The L. submitted into evidence a copy of the tenancy agreement to support their claim. Compensation for Damage 8. The L. claims $9,873.56 in damage caused by the Former Tenant. The L. claims the Former Tenant entered into a lease agreement with Simply Smart to provide their services for a water softener A. thermostat rental. 9. The L. claims the Former Tenant pretended to be the L. A. forged the L.’s signature on the lease agreement with Simply Smart. 10. The L. testified they went to the rental unit after the former Tenant vacated A. found the bill for Simply Smart in the rental unit. The L. contacted the Former Order Page 2 of 4  File Number: LTB-L-053614-22 Tenant by phone A. inquired about the Simply Smart bill A. the signature on the lease agreement. The Former Tenant denied signing the Simply Smart lease. 11. The L. filed a report with the York Regional Police because of the allegations the 2023 ONLTB 60154 (CanLII) Former Tenant forged the L.’s signature for the Simply Smart lease A. the L. submitted a warrant was issued for the Former Tenant’s arrest on forgery charges. 12. The L. submitted an email from the investigating police officer who confirmed to the L.'s legal representative that charges of forgery had been laid against the Former Tenant as a result of the Simply Smart lease forgery. 13. As a result of the Former Tenants’ actions, the L. incurred or will incur reasonable costs of $9,873.56. 14. I note that the L. is claiming the amount of $9,873.56 under Reason 4 for damage, in the L10 application, however this claim is more appropriate to claim under Reason 5 of the L.’s L10 application. 15. The Landlords clerical error does not change the outcome of this order A. the Tenant is not prejudiced by changing the claim from Reason 4 to Reason 5 A. pursuant to the Board’s Rules of Procedure section 15 I am amending the L.’s application for the purpose of this order. 16. This change is reflected in the order in reference to the sections of the Act at the top of this order. 17. The L. also incurred costs of $201.00 for filing the application A. is entitled to reimbursement of those costs. It is ordered that: 1. The Former Tenants shall pay to the L. $4,338.72, which represents the reasonable out-of-pocket expenses the L. incurred as a result of the unpaid utility costs. 2. The Former Tenants shall also pay to the L. $9,873.56, which represents the reasonable out-of-pocket expenses the L. incurred as a result of the Tenant’s substantial interference with the L.’s reasonable enjoyment or lawful privileges or interest of the rental unit. 3. The Former Tenants shall also pay to the L. $201.00 for the cost of filing the application. Order Page 3 of 4  File Number: LTB-L-053614-22 4. If the Former Tenants do not pay the L. the full amount owing on or before September 16, 2023, the Former Tenants will start to owe interest. This will be simple interest calculated from September 17, 2023, at 6% annually on the balance outstanding. 2023 ONLTB 60154 (CanLII) September 5, 2023 ____________________________ Date Issued Greg Brocanier Member, L. A. 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. Order Page 4 of 4