LTB Order LTB-L-056990-22

2023 ONLTB 41038 (CanLII) Order under Section 69 Residential Tenancies Act, 2006 Citation: K. v R., 2023 ONLTB 41038 Date: 2023-06-02 File Number: LTB-L-056990-22 In the matter of: 30 AXELROD AVE BRAMPTON ON L6Y5S9 Between: R.A.K.A.S.K. L. A. A. R. Tenant R.A.K.A.S.K. (the 'L.') applied for an order to terminate the tenancy A. evict A. R. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on April 13, 2023. The Landlord S K. A. the Tenant attended the hearing. Determinations: 1. The L. served the Tenant with a valid Notice to End Tenancy Early for Nonpayment 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 $1,709.93. It is due on the 11th day of each month. 4. Based on the Monthly rent, the daily rent/compensation is $56.22. This amount is calculated as follows: $1,709.93 x 12, divided by 365 days. 5. The Tenant has not made any payments since the application was filed. 6. The rent arrears owing to May 10, 2023 are $123,114.47. Order Page: 1 of 5  File Number: LTB-L-056990-22 7. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 8. There is no last month's rent deposit. The Board’s Monetary Jurisdiction 2023 ONLTB 41038 (CanLII) 9. The amount claimed by the L. exceeds the monetary jurisdiction of the Board. Subsection 207(1) of the Residential Tenancies Act, 2006, S.O. 2006, c.17 (the ‘Act’), limits the monetary jurisdiction of the Board to that of the Small Claims court, which is currently $35,000.00. 10. The L. were advised of the Board’s monetary limitation A. that section 207 (3) of the Act provides if a party obtains a Board order at the maximum amount all rights of the party in excess of the Board’s monetary jurisdiction are extinguished. The L. acknowledged that the maximum the Board can order the Tenant to pay is $35,000.00 11. As the Small Claims Court has the authority to award costs on top of its monetary jurisdiction, the LTB has the same authority. (see Wu v. Adler, 2019 CanLII 94002 (ON SCSM). 12. While the amount the Tenant is ordered to pay in this order is limited to $35,000.00 plus costs, I find that this monetary jurisdiction does not apply to the amount the Tenant may pay in order to void this order A. continue the tenancy in accordance with subsection 74(4) of the Act. 13. I agree with the interpretation of the Board’s monetary jurisdiction contained in the order TEL-80518-17-RV (Re), 2018 CanLII, issued on February 6, 2018. This order states that if the Tenants pay $33,790.00 to the Landlord or to the Board in trust, the order for eviction will be void. This amount exceeded the monetary jurisdiction of the Board in effect at the time. The Board explained why it had the authority to make such an order: The Board is not ordering this amount to be paid. This amount is optional A. only required if the Tenant elects to remain in the rental unit. Therefore, the Board is not ordering this amount to be paid A. is not ordering an amount that exceeds the limit. 14. I find that this approach is also consistent with the Divisional Court’s direction in Hornstein et al. v. Royal Bank of Canada, 2010 ONSC 3134. The court stated that “to hold that the monetary cap applied to “the outstanding arrears of rent” would result in an absurdity. The defaulting tenant could continue ad infinitum to merely pay the monetary limit A. continue in possession, all the while continuing in default.” Order Page: 2 of 5  File Number: LTB-L-056990-22 Relief from Eviction 15. The Tenant testified that he did not dispute the amount of rent arrears. The Tenant said that he could pay half the rent arrears at the end of July A. the other half at the end of October. The Tenant did not submit any evidence of income or any other source of income 2023 ONLTB 41038 (CanLII) predicted to support his claim. 16. The Tenant requested an extended termination date if the Member chose to grant the L.’ application for termination of tenancy. 17. The Landlord testified that the arrears are very significant A. she did not believe that the Tenant would be able to pay the arrears as the Tenant claimed. 18. The Landlord was willing to consider an extended termination date. 19. I have considered the submissions of both parties A. 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 July 10, 2023 pursuant to subsection 83(1)(b) of the Act. It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order A. continue the tenancy by paying to the L. or to the LTB in trust: • $125,010.40 if the payment is made on or before June 10, 2023. See Schedule 1 for the calculation of the amount owing. OR • $126,720.33 if the payment is made on or before July 10, 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 July 10, 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 July 10, 2023 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $35,186.00. This amount includes rent arrears owing up to the date of the hearing (up to the Board’s monetary jurisdiction) A. the cost of filing the application. The rent deposit A. interest Order Page: 3 of 5  File Number: LTB-L-056990-22 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 L. compensation of $56.22 per day for the use of the unit starting April 14, 2023 until the date the Tenant moves out of the unit. 2023 ONLTB 41038 (CanLII) 7. If the Tenant does not pay the L. the full amount owing on or before June 13, 2023, the Tenant will start to owe interest. This will be simple interest calculated from June 14, 2023 at 6.00% annually on the balance outstanding. 8. The L. 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 July 10, 2023, then starting July 11, 2023, the L. 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 L. on or after July 11, 2023. June 2, 2023 ____________________________ Date Issued Heather Kenny Member, Landlord A. 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 January 11, 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 Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before June 10, 2023 Rent Owing To June 10, 2023 $124,824.40 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $0.00 application was filed Order Page: 4 of 5  File Number: LTB-L-056990-22 Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the L. owes the Tenant for - $0.00 an{abatement/rebate} 2023 ONLTB 41038 (CanLII) Less the amount of the credit that the Tenant is entitled to - $0.00 Total the Tenant must pay to continue the tenancy $125,010.40 B. Amount the Tenant must pay to void the eviction order A. continue the tenancy if the payment is made on or before July 10, 2023 Rent Owing To July 10, 2023 $126,534.33 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount the L. 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 $126,720.33 C. Amount the Tenant must pay if the tenancy is terminated Rent Owing To Hearing Date $121,573.20 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit -$ Less the amount of the interest on the last month's rent deposit - $0.00 Less the amount the L. 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 L. maximum monetary jurisdiction of $35,186.00 Plus daily compensation owing for each day of occupation starting $56.22 April 14, 2023 (per day) Order Page: 5 of 5