LTB Order LTB-L-069491-25

Order under Section 21.2 of the Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: B. v Stewart, 2026 ONLTB 13414 Date: 2026-02-09 File Number: LTB-L-069491-25-RV In the matter of: 93 HASKINS CRES KESWICK ON L4P0H5 FEB 9 2026 Between: E.B. Landlord And Amanda Stewart Tenant Review Order E.B. (the 'Landlord') applied for an order to terminate the tenancy and evict Amanda Stewart (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was resolved by order LTB-L-069491-25 issued on November 3, 2025. On December 3, 2025, the Landlord requested a review of the order and that the order be stayed until the request to review the order is resolved. On interim order LTB-L-069491-25-RV-IN was issued, staying the order issued on November 3, 2025. This application was heard by videoconference on December 18, 2025. Only the Landlord’s Legal Representative Vasiola B. attended the hearing. I was satisfied that the Tenant had received the Notice of Hearing and there was no request to adjourn before me. Based on this, I proceeded to hear the review at 9:39 am. Determinations: 1. The Landlord’s application had been summarily dismissed by the Presiding Member due to the notice of termination issued to the Tenant not including the word “basement” in the address. 2. The Landlord’s Legal Representative submitted that the Presiding Member erred when they had raised the issue of the address unprompted by either party. Both parties provided submissions however, the Presiding Member seemingly asked the Tenant question in an Order Page 1 of 4  File Number: LTB-L-069491-25-RV effort to support their position that the notice of hearing was defective as s. 43(1)(a) outlines that a notice shall identify the rental unit for which the notice is given. 3. The Presiding Member never asked if anyone else was living in the unit and never asked whether or not the Tenant had a separate mailbox for their basement unit. 4. Section 212(2) of the Act states that an error in the contents of a notice still constitutes substantial compliance with the Act, so long as the error does not prejudice a party’s ability to participate in a proceeding. This section was not considered by the Presiding Member to confirm what, if any prejudice the Tenant may have experienced as a result of the error. 5. As such, On the basis of the uncontested submissions made in the request, I am satisfied that there is a serious error in the order or that a serious error occurred in the proceedings. 6. As the Tenant had already vacated the unit, the matter proceeded to a de novo hearing. De Novo Hearing 7. 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. 8. The Tenant was in possession of the rental unit on the date the application was filed. 9. The Tenant vacated the rental unit on November 30, 2025. Rent arrears are calculated up to the date the Tenant vacated the unit 10. The lawful rent is $2,150.00. It was due on the 1st day of each month. 11. The Tenant has not made any payments since the application was filed. 12. The rent arrears owing to November 30, 2025, are $8,600.00. 13. The Landlord incurred costs of $260.15 for filing the application and is entitled to reimbursement of those costs. 14. The Landlord collected a rent deposit of $1,730.00 from the Tenant and this deposit is still being held by the Landlord. The rent deposit is applied to the arrears of rent because the tenancy terminated. 15. Interest on the rent deposit, in the amount of $35.43 is owing to the Tenant for the period from February 5, 2025, to November 30, 2025. It is ordered that: 1. The request to review order LTB-L-069491-25 issued on November 3, 2025, is granted. 2. The tenancy between the Landlord and the Tenant is terminated as of November 30, 2025, the date the Tenant moved out of the rental unit. Order Page 2 of 4  File Number: LTB-L-069491-25-RV 3. The Tenant shall pay to the Landlord $7,094.72. This amount includes rent arrears owing up to the date the Tenant moved out of the rental unit and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit is deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 4. If the Tenant does not pay the Landlord the full amount owing on or before February 20, 2026, the Tenant will start to owe interest. This will be simple interest calculated from February 21, 2026, at 4.00% annually on the balance outstanding. February 9, 2026 ____________________________ Date Issued Jagger Benham 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. Order Page 3 of 4  File Number: LTB-L-069491-25-RV Schedule 1 SUMMARY OF CALCULATIONS A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $8,600.00 Application Filing Fee $260.15 Less the amount of the last month's rent deposit - $1,730.00 Less the amount of the interest on the last month's rent deposit - $35.43 Total amount owing to the Landlord $7,094.72 Order Page 4 of 4