LTB Order LTB-L-071895-22

Order under Section 77(8) Residential Tenancies Act, 2006 Citation: D. v D., 2023 ONLTB 74673 Date: 2023-11-14 2023 ONLTB 74673 (CanLII) File Numbers: LTB-L-065272-23-RV LTB-L-067578-23-SA In the matter of: 349 Highland Rd W S. C. ON L8J2S2 Between: T.D. L. A. L. D., S. D. A. D. Tenant D. T.D. (the 'L.') applied for an order to terminate the tenancy A. evict L. D., S. D. A. D. D. (the 'Tenant') because the Tenant failed to meet a condition of Order LTB-L-060463-22 issued on August 14, 2023. Procedural History: The L. filed two applications for the same breach. The first application was filed on August 20, 2023, which was directed to a hearing heard, uncontested, on October 5, 2023. This application was resolved by order LTB-L-065272-23 issued on October 16, 2023. The second application was field on August 28, 2023, which was resolved by order LTB-L-067578-23-EX issued on September 19, 2023. This Order was issued without a hearing being held. The Tenant filed a motion to set aside LTB-L-067578-23-EX on September 21, 2023. Subsequent to receipt of LTB-L-065272-23 issued on October 16, 2023, the Tenant L. D. filed a Request to Review LTB-L-065272-23 on October 23, 2023, citing the reason they did not attend the October 5, 2023, hearing as they believed the decision would have been set aside in conjunction with LTB-L-067578-23-EX. Following receipt of the Tenant’s Request to Review the Board issued Interim Review Order LTB-L-065272-23-RV-IN which resulted in a stay of LTB-L-065272-23. The Tenant’s set aside motion of LTB-L-067578-23-EX A. review of LTB-L-065272-23 were heard by videoconference on November 2, 2023, at 1:00 pm. Order Page 1 of 4  File Numbers: LTB-L-065272-23-SA LTB-L-065272-23-RV The L. A. the Tenants L. D. attended the hearing. Determinations: The Review of LTB-L-065272-23 2023 ONLTB 74673 (CanLII) 1. The L. testified that she filed the second application on August 28, 2023 following receipt that it had been directed to a hearing due to an accounting error which she thought she could correct with submitting a new application with the correct figures. 2. Filing two applications for the same alleged breach constitutes an abuse of process. Accordingly, although I am not satisfied on the balance of probabilities that the L. was actively seeking to abuse the Board processes, I am satisfied that Order LTB-L-067578-23-EX issued on September 19, 2023, should be set aside. 3. Further, I am also satisfied that 067578-23-EX issued on September 19, 2023, caused the Tenant’s confusion A. precipitated their failure to attend the October 5, 2023, hearing. Accordingly, for this reason LTB-L-065272-23 issued on October 16, 2023, should be cancelled as the Tenants could not reasonably attend the hearing. At the hearing, I directed a de novo hearing of the L.’s application be held before me. De Novo Hearing LTB-L-065272-23 4. It was the L.’s testimony that in addition to the breach as alleged in their August 28, 2023, application, the Tenants had continued to breach the conditions of order LTB-L-060463-22 A. the arrears had increased to $8,720.00. 5. The L. collected a rent deposit of $2,350.00 on June 1, 2018, A. interest is owing on the deposit to September 30, 2023. 6. In response the Tenant acknowledged the breaches A. didn’t dispute the amount of arrears owing. It was his testimony that he stopped paying rent out of anger over the L. failing to address ongoing maintenance issues. He also testified that his mother, the Tenant D. D. had already moved out of the rental unit A. was now living with his brother. He also testified that he A. his wife, S., intended to move out as well but required an additional 30 days as they were delayed in finding a new rental property owing to assisting his mother. 7. I am satisfied that the Tenants breached the conditions contained in Board Order LTB-L-060463-22 given the Tenant openly admitted to it as noted above. 8. The Tenants owe the L. $8,720.00 to November 30, 2023. Relief from eviction 9. Having given consideration to all the circumstances A. in accordance with section 83(1) (b) of the Residential Tenancies Act, 2006 (the “Act”) I am satisfied that brief postponement to allow the Tenants time to arrange for A. move into their new rental property is warranted. Specifically, given that the Tenant D. D. has already moved A. the Tenant L. D. didn’t dispute the breaches or that they owe the arrears as Order Page 2 of 4  File Numbers: LTB-L-065272-23-SA LTB-L-065272-23-RV alleged I am satisfied that a brief postponement to facilitate their move is warranted A. will not unduly prejudice the L.. It is ordered that: 2023 ONLTB 74673 (CanLII) 1. LTB-L-067578-23-EX issued on September 19, 2023, is set aside. 2. LTB-L-065272-23 issued on October 16, 2023, is cancelled, A. replaced by the following: 3. The Tenancy between the L. A. Tenants is terminated. The Tenants must move out of the rental unit on or before November 30, 2023. 4. If the unit is not vacated on or before November 30, 2023, then starting December 1, 202, the L. may file this order with the Court Enforcement Officer (Sheriff) so that the eviction may be enforced. 5. Upon receipt of this order, the Court Enforcement Officer (Sheriff) is directed to give vacant possession on or after December 1, 2023. 6. The Tenants shall pay to the Landlords, $6,323.00. This amount represents the rent owing up to A. the cost of filing the previous application, less the rent deposit A. interest the L. owes on the rent deposit to September 30, 2023. 7. The Tenants shall pay to the L. $83.18 for each day the Tenants remain in the rental unit commencing December 1, 2023, until the L. regains possession. 8. If the Tenants do not pay the full amount owing on or before November 30, 2023, the Tenants will start to owe interest. This will be simple interest calculated from December 1, 2023, at 7.00% annually on the balance outstanding. November 14, 2023 Date Issued Kelly Delaney Member, L. 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 3 of 4 File Numbers: LTB-L-065272-23-SA LTB-L-065272-23-RV 2023 ONLTB 74673 (CanLII) Order Page 4 of 4