LTB Order LTB-L-065680-22

Order under Section 69 2023 ONLTB 37545 (CanLII) Residential Tenancies Act, 2006 Citation: AMSTAR POOL I LP v C. Walter, 2023 ONLTB 37545 Date: 2023-06-05 File Number: LTB-L-065680-22 In the matter of: 1004, 2757 KIPLING AVE ETOBICOKE ON M9V4C4 Between: AMSTAR POOL I LP Landlord And C.W.J.W. Tenant Salomon Bonilla jovel and Walter Jovel AMSTAR POOL I LP (the 'Landlord') applied for an order to terminate the tenancy and evict C.W.J.W. Salomon Bonilla jovel and Walter Jovel (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The Landlord also claimed charges related to NSF cheques. This application was heard by videoconference on May 9, 2023. Only the Landlord’s representative Michelle Forrester attended the hearing. As of 2:15pm, the Tenant 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. As a result, the hearing proceeded with only the Landlord's evidence. Determinations: 1. At the hearing, the Landlord's legal representative, Michelle Forrester, advised the Board that the Tenants paid the Landlord for the period ending January 31, 2023. 2. The amount paid represents all the rent that is in arrears under the tenancy agreement, all additional rent that would have been due under the tenancy agreement on the date of the Tenant’s payment, and the filing fee for this application. 3. As a result, the Landlord’s application for an order terminating the tenancy and evicting the Tenants based upon arrears of rent is discontinued and the LTB’s file will be closed.  2023 ONLTB 37545 (CanLII) Order Page: 1 of 2 File Number: LTB-L-065680-22 June 5, 2023 __________________________ Date Issued Percy Laryea Member, Landlord and 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 December 7, 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 Order Page: 2 of 2