LTB Order LTB-L-054831-22

2023 ONLTB 46610 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: The Alexandria Non-Profit Housing Corp. V Rolfe-Quesnel, 2023 ONLTB 46610 Date: 2023-06-29 File Number: LTB-L-054831-22 In the matter of: 7, 200 INDUSTRIAL BLVD ALEXANDRIA ON K0C1A0 Between: The Alexandria Non -Profit Housing Corp. Landlord And B.R. Tenants Michelle St. Denis The Alexandria Non-Profit Housing Corp. (the 'Landlord') applied for an order to terminate the tenancy and evict B.R. and Michelle St. Denis (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. This application was heard by videoconference on June 19, 2023. Only the Landlord’s Agent Betsy Lapierre and the Landlord’s Legal Representative James Moak attended the hearing. As of 9:34 a.m., 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. 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. The Board’s file from the previous hearing date suggested there may be a bankruptcy filed by one of the Tenants. Since neither Tenants attended the hearing, I asked the Landlord if they had received notification at any point that either Tenants had filed for bankruptcy. The Order Page: 1 of 4  File Number: LTB-L-054831-22 Landlord submitted they had followed up with the Trustee named in the unsigned letter submitted by the Tenants prior to the previous hearing date. 2. The Landlord submitted that they were advised by the bankruptcy trustee that the Tenants had not followed through with the steps required for bankruptcy filing. Based on these uncontested submissions, the hearing proceeded. 2023 ONLTB 46610 (CanLII) 3. At the hearing, the Landlord’s Agent and Legal Representative relied on oral submissions and referred to documents to support their application. 4. 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. 5. As of the hearing date, the Tenants were still in possession of the rental unit. 6. The lawful rent was $750.00 and it increased to $795.00 on January 1, 2023. It is due on the 1st day of each month. 7. Based on the Monthly rent, the daily rent/compensation is $26.14. This amount is calculated as follows: $795.00 x 12, divided by 365 days. 8. The Tenants have paid $1,275.00 to the Landlord since the application was filed. 9. The rent arrears owing to June 30, 2023 are $11,569.00. 10. The Landlord incurred costs of $201.00 for filing the application and is entitled to reimbursement of those costs. 11. There is no last month's rent deposit. 12. 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 payment agreement with the Tenants. The Landlord submitted that ongoing efforts were made to contact the Tenants to discuss a payment agreement, but the Tenants did not follow through on any agreed upon payments. I asked the Landlord if they were aware of any circumstances the Tenants may be experiencing that would make eviction unfair and they were aware of none. I find it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated unless the Tenants void this order. 2. The Tenants may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: Order Page: 2 of 4  File Number: LTB-L-054831-22 • $11,770.00 if the payment is made on or before June 30, 2023. See Schedule 1 for the calculation of the amount owing. OR • $12,565.00 if the payment is made on or before July 14, 2023. See Schedule 1 for 2023 ONLTB 46610 (CanLII) the calculation of the amount owing. 3. The Tenants may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenants have paid the full amount owing as ordered plus any additional rent that became due after July 14, 2023 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenants may only make this motion once during the tenancy. 4. If the Tenants do not pay the amount required to void this order the Tenants must move out of the rental unit on or before July 14, 2023 5. If the Tenants do not void the order, the Tenants shall pay to the Landlord $11,471.66. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. See Schedule 1 for the calculation of the amount owing. 6. The Tenants shall also pay the Landlord compensation of $26.14 per day for the use of the unit starting June 20, 2023 until the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before July 10, 2023, the Tenants will start to owe interest. This will be simple interest calculated from July 11, 2023 at 6.00% annually on the balance outstanding. 8. The Landlord or the Tenants 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 July 14, 2023, then starting July 15, 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 July 15, 2023. June 29, 2023 ____________________________ Date Issued John Cashmore Member, Landlord and Tenant Board Order Page: 3 of 4  File Number: LTB-L-054831-22 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. 2023 ONLTB 46610 (CanLII) In accordance with section 81 of the Act, the part of this order relating to the eviction expires on January 15, 2024 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. Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before June 30, 2023 Rent Owing To June 30, 2023 $12,844.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $1,275.00 application was filed Total the Tenants must pay to continue the tenancy $11,770.00 B. Amount the Tenants must pay to void the eviction order and continue the tenancy if the payment is made on or before July 14, 2023 Rent Owing To July 31, 2023 $13,639.00 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $1,275.00 application was filed Total the Tenants must pay to continue the tenancy $12,565.00 C. Amount the Tenants must pay if the tenancy is terminated Rent Owing To Hearing Date $12,545.66 Application Filing Fee $201.00 NSF Charges $0.00 Less the amount the Tenants paid to the Landlord since the - $1,275.00 application was filed Total amount owing to the Landlord $11,471.66 Plus daily compensation owing for each day of occupation starting $26.14 June 20, 2023 (per day) Order Page: 4 of 4