LTB Order LTB-L-070691-22

Order under Section 206 2023 ONLTB 39664 (CanLII) Residential Tenancies Act, 2006 Citation: Sireg Management Inc v Wanya Bessette, 2023 ONLTB 39664 Date: 2023-05-29 File Number: LTB-L-070691-22 In the matter of: 391 LAKE HEIGHTS RD NORTH BAY ON P1A2Z6 Between: Sireg Management Inc Landlord Martha Maciuk And E.B.C. Tenants Wanya Bessette Sireg Management Inc / Martha Maciuk (the 'Landlord') applied for an order to terminate the tenancy and evict E.B.C. and Wanya Bessette (the 'Tenants') because the Tenants did not pay the rent that the Tenants owe. The Landlord and the Tenants attended the hearing block videoconference on May 9, 2023; however, there was insufficient time remaining in the hearing block to hear this matter. The Landlord and the Tenants filed a written agreement with the LTB on May 15, 2023 to resolve the Landlord's application. Determinations: 1. The agreement reached by the Landlord and the Tenants resolves the Landlord's application. 2. The agreement was signed by the Landlord and the Tenants on May 10, 2023. 3. The agreement was filed with the LTB on May 15, 2023 before a hearing for the Landlord's application. No hearing was held for this application on May 9, 2023. 4. As a result of this order, no hearing will be held for this matter. Based on the parties' agreement, it is ordered that: 1. The Tenants shall pay the Landlord $11,623.80, which includes: o $11,437.80 for arrears owing up to May 31, 2023.  o $186.00 for the fee paid by the Landlord for filing the application. 2. The Tenants shall pay the amount set out in paragraph 1 according to the following schedule: 2023 ONLTB 39664 (CanLII) Order Page 1 out of 2 (a) June 1, 2023 $1,937.30; (b) July 1, 2023 $1,937.30; (c) August 1, 2023 $1,937.30; (d) September 1, 2023 $1,937.30; (e) October 1, 2023 $1,937.30; and (f) November 1, 2023 $1,937.30. 3. The Tenants shall also pay the Landlord the full monthly rent of $1,214.40 on or before the first day of each month for the period from June 2023 up to and including November 2023, or until all arrears in paragraph 1 have been paid, whichever is sooner. 4. CONSEQUENCES OF BREACH: If the Tenants do not make any of the payments required in paragraphs 2 or 3 in full and on time: o The Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act') for an order terminating the tenancy and evicting the Tenants, and for the payment of any new arrears of rent and NSF charges not already ordered under paragraph 1 of this order. The Landlord must make the application within 30 days of a breach of condition set out in paragraph 2 or 3. This normally results in the LTB issuing an eviction order without a hearing being held. OR o The Landlord may ask the LTB to reopen the application no later than 30 days after the Tenants’ breach. This will result in a hearing at the LTB. 5. Either the Landlord or the Tenants can ask the LTB to reopen the application within 30 days of the date this order is issued if they believe the other party forced them to enter into the agreement, or if the other party deliberately made false or misleading misrepresentations that had a material effect on the agreement and the order issued.  May 29, 2023 ____________________________ Date Issued Frank Ebner Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor Toronto, ON M7A 2G6 2023 ONLTB 39664 (CanLII) If you have any questions about this order, call 416-645-8080 or toll free at 1-888- 3323234.