LTB Order LTB-L-074729-22

Order under Section 100 Residential Tenancies Act, 2006 Citation: M.C. v Doe, 2023 ONLTB 19123 2023 CanLII 135389 (ON LTB) Date: 2023-02-16 File Number: LTB-L-074729-22 In the matter of: 1221, 64 Bramalea Road Brampton Ontario L6T2W8 Between: M.C. Landlord And A.A.P. Tenant John Doe Occupant M.C. (the 'Landlord') applied for an order to terminate the tenancy of A. A. P. (the Tenant), and to evict John Doe (the 'Unauthorized Occupant'). The Landlord also applied for compensation for the use of the rental unit. This application was heard by videoconference on February 2, 2023. Only the Landlord’s Legal Representative Marija Jelic attended the hearing. As of 1:26 p.m., the Tenant or the Unauthorized Occupant were not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. Since the Tenant or Unauthorized Occupant did not attend and the Landlord was prepared to proceed, the matter proceeded by way of an uncontested hearing pursuant to section 7 of the Statutory Powers Procedure Act, R.S.O. 1990. Determinations: 1. At the hearing the Landlord’s Legal Representative advised me the Unauthorized Occupant vacated the rental unit on January 30, 2023. 2. The Landlord’s Legal Representative also advised me the Tenant had returned the keys to the Landlord on January 30, 2023. The Landlord is now in possession of the rental unit making the application for eviction moot. 3. The Landlord’s Legal Representative only sought an order declaring the tenancy terminated effective January 30, 2023, the day the Unauthorized Occupant vacated the rental unit and the day the Tenant returned the keys to the Landlord. 4. Based on the uncontested evidence of the Landlord’s Legal Representative I am satisfied on a balance of probabilities the Unauthorized Occupant vacated the rental unit and the Tenant has returned possession of the rental unit to the Landlord as of January 30, 2023. Order Page 1 of 2  File Number: LTB-L-074729-22 It is ordered that: 1. The tenancy is terminated effective January 30, 2023, the day the Unauthorized Occupant 2023 CanLII 135389 (ON LTB) vacated the rental unit and the day the Tenant returned the keys to the Landlord. February 16, 2023 Date Issued John Cashmore 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 2 of 2