LTB Order LTB-L-070908-22

File Number: LTB-L-070908-22 Order under Section 206 Residential Tenancies Act, 2006 Citation: Z. v D., 2023 ONLTB 17112 2023 ONLTB 17112 (CanLII) Date: 2023-01-30 File Number: LTB-L-070908-22 In the matter of: 73 FISHLEIGH DR SCARBOROUGH ON M1N1H3 Between: H.Z.A.P.P.W. L. A. S. J. D. Tenant H.Z.A.P.P.W. (the 'L.') applied for an order to terminate the tenancy A. evict S. J. D. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. The L. A. the Tenant filed a written agreement with the LTB on December 9, 2022 to resolve the Landlord's application. Determinations: 1. The agreement reached by the L. A. the Tenant resolves the L.' application. 2. The agreement has been signed by the L. A. the Tenant. 3. The agreement was filed with the LTB before the hearing for the L.' application. 4. As a result of this order, no hearing will be held. Based on the parties' agreement, it is ordered that: 1. The Tenant shall pay the L. $35,000.00, which includes: o $35,000.00 for arrears owing up to December 31, 2022. 2. The Tenant shall pay the amount set out in paragraph 1 according to the following schedule: 1. $10,000.00 on or before December 9, 2022. 2. $10,000.00 on or before December 16, 2022. 3. $15,000.00 on or before January 9, 2023. Order Page 1 out of 2  File Number: LTB-L-070908-22 3. The Tenant shall also pay the L. the full rent on or before the first day of each month for the period from December 2022 up to A. including January 2023 or until all arrears in paragraph 1 have been paid, whichever is sooner. 4. CONSEQUENCES OF BREACH: If the Tenant does not make any of the 2023 ONLTB 17112 (CanLII) payments required in paragraphs 2 or 3 in full A. on time: o The L. may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act') for an order terminating the tenancy A. evicting the Tenant, A. for the payment of any new arrears of rent A. NSF charges not already ordered under paragraph 1 of this order. The L. 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 L. may ask the LTB to reopen the application no later than 30 days after the Tenant’s breach. This will result in a hearing at the LTB. 5. Either the L. or the Tenant can ask the LTB to reopen the application within 30 days of 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 A. the order issued. January 27, 2023 Date Issued Vladislav Shustov 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. Order Page 2 out of 2