LTB Order LTB-L-071947-22

Order under Section 21.1 69 Residential Tenancies Act, 2006 Citation: N. Wallace-S. v C. G., 2023 ONLTB 38790 Date: 2023-05-24 2023 ONLTB 38790 (CanLII) File Number: LTB-L-071947-22-AM In the matter of: BASEMENT UNIT, 47 CORNWALL RD BRAMPTON ON L6W1M8 Between: N.W.A.S. L. S. A. C. G. Tenant AMENDED ORDER Pursuant to a request received from the L. Representative A. having reviewed the evidence previously submitted the order has been amended to reflect that the rent was due the 15th of each month A. the last month rent deposit was applied to March 2022 rent therefore the total amount owing is $4,986.00, Deletions have been struck through A. insertions have been bolded A. underlined The order is otherwise unchanged N.W.A.S. S. (the 'L.') applied for an order to terminate the tenancy A. evict C. G. (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on May 10, 2023 at 1:00 pm. The L. Representative Peter Balatidis, the L.’s, the Tenant Representative Amreek Singh Gill A. the Tenant attended the hearing Preliminary Issues: 1. At the outset of the hearing the L. Representative requested that the Tenant’s evidence not be admitted because the Tenant did not disclose it before the hearing. 2. In response the Tenant Representative testified that he had uploaded the evidence to the Board portal A. sent the disclosure via express post on April 17, 2023 A. as such was provided in accordance with the Board’s disclosure rules, therefore should be allowed. Order Page: 1 of 4  File Number: LTB-L-071947-22 3. The L. Representative submitted that he did not consent to service by uploading their documents to TOP A. he had not viewed the Tenant’s s.82 submissions on the portal. He then re-affirmed that he had not received any such disclosure via mail A. re- iterated his submission, adding that to not allow it would not prejudice the Tenant as they 2023 ONLTB 38790 (CanLII) could still submit their own application. 4. Subsequent to this, A. on my own questioning, the Tenant Representative acknowledged that he could not provide any evidence to substantiate his claim he had sent the Tenant’s disclosure package. If it was in fact sent by express post, then I would have expected the Tenant Representative to be able to provide some evidence to support this assertion. 5. Accordingly, based on the above submissions I directed that the matter would proceed without the Tenant’s evidence as it would prejudice the L. A. the Tenant’s rights would still be protected as they could file their own application. Further, as the Tenant has already vacated the rental unit, the Tenant’s inability to rely upon this evidence will have no impact on the status of the tenancy. Determinations: 4. The L. 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. 5. The Tenant was in possession of the rental unit on the date the application was filed. 6. The Tenant vacated the rental unit on December 27, 2022. Rent arrears are calculated up to the date the Tenant vacated the unit. 7. The lawful rent is $1,200.00. It was due on the 1st 15th day of each month. 8. The Tenant has not made any payments since the application was filed. 9. The alleged arrears owing to December 27, 2022 were $4,800.00. 10. The Tenant Representative disputed the amount owing, submitting that the abatement sought by the Tenant would significantly offset the arrears. However, as discussed above, the evidence the Tenant seeks to rely upon to support this claim was not disclosed to the L. A. therefore will not be considered here. 11. Accordingly, I determined that the arrears were $4,800.00, as alleged by the L.. 12. The L. incurred costs of $186.00 for filing the application A. is entitled to reimbursement of those costs. 13. The L. collected a rent deposit of $1,200.00 from the Tenant A. was applied to the March to April 2022 rent. this deposit is still being held by the L.. The rent deposit is applied to the arrears of rent because the tenancy terminated. 14. Interest on the rent deposit, in the amount of $17.40 is owing to the Tenant for the period from October 13, 2021 to December 27, 2022. Order Page: 2 of 4  File Number: LTB-L-071947-22 It is ordered that: 1. The tenancy between the L. A. the Tenant is terminated as of December 27, 2022, the date the Tenant moved out of the rental unit 2023 ONLTB 38790 (CanLII) 2. The Tenant shall pay to the L. $3,768.60.$4,986.00 This amount includes rent arrears owing up to the date the Tenant moved out of the rental unit A. the cost of filing the application. The rent deposit A. interest the L. owes on the rent deposit is deducted from the amount owing by the Tenant. See Schedule 1 for the calculation of the amount owing. 3. If the Tenant does not pay the L. the full amount owing on or before June 4, 2023, October 15, 2023 the Tenant will start to owe interest. This will be simple interest calculated from June 5, October 16, 2023, at 6.00% annually on the balance outstanding. May 24, 2023 Date Original Order Kelly Delaney Issued Member, L. A. Tenant Board October 4, 2023 Date Amended Order Kelly Delaney Issued Member, L. A. Tenant Board 15 Grosvenor St, 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-071947-22 Schedule 1 SUMMARY OF CALCULATIONS 2023 ONLTB 38790 (CanLII) A. Amount the Tenant must pay as the tenancy is terminated Rent Owing To Move Out Date $4,800.00 Application Filing Fee $186.00 NSF Charges $0.00 Less the amount the Tenant paid to the L. since the - $0.00 application was filed Less the amount the Tenant paid into the LTB since the - $0.00 application was filed Less the amount of the last month's rent deposit - $1,200.00 Less the amount of the interest on the last month's rent deposit - $17.40 Less the amount the L. owes the Tenant for - $0.00 an {abatement/rebate} Less the amount of the credit that the Tenant is entitled to - $0.00 Total amount owing to the L. $3,768.60 $4,986.00 Order Page: 4 of 4