LTB Order LTB-L-074782-22
- Citation
- 2023 ONLTB 41281
- Decided
- 2023-06-05
- Rental unit
- 308, 5 GLAMORGAN AVE SCARBOROUGH ON M1P4P1
- Landlord
- 5 Glamorgan Co-ownership Residences Corp
- Tenant
- A.H.
- RTA section
- s. 69
Order under Section 69
2023 ONLTB 41281 (CanLII)
Residential Tenancies Act, 2006
Citation: 5 Glamorgan Co-ownership Residences Corp v A.H., 2023 ONLTB 41281
Date: 2023-06-05
File Number: LTB-L-074782-22
In the matter of: 308, 5 GLAMORGAN AVE
SCARBOROUGH ON M1P4P1
Between: 5 Glamorgan Co-ownership Residences Corp Landlord
And
A.H. Tenants
Jawad Ali
Qadir Ali Khawari
5 Glamorgan Co-ownership Residences Corp (the 'Landlord') applied for an order to terminate the
tenancy and evict A.H., Jawad Ali and Qadir Ali Khawari (the 'Tenants') because the
Tenants did not pay the rent that the Tenants owe.
This application was heard by videoconference on May 25, 2023.
Only the Landlord’s legal representative, Jamuna Ganesan, attended the hearing.
As of 10:53am, the Tenants 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. As a result, the hearing proceeded with only the Landlord's evidence.
Determinations:
1. The Landlord 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.
2. The Tenants were in possession of the rental unit on the date the application was filed.
3. The Tenants have paid all of the outstanding arrears for the period ending May 31, 2023.
4. The only amount outstanding is the Landlord’s application filing fee costs. Therefore, the
order will be limited to costs and not eviction.
5. The Landlord incurred costs of $186.00 for filing the application and is entitled to
reimbursement of those costs.
It is ordered that:
1. The Tenants shall pay to the Landlord $186.00 for the application filing fee costs.
Order Page: 1 of 2
2023 ONLTB 41281 (CanLII)
File Number: LTB-L-074782-22
2. If the Tenants do not pay the Landlord the full amount owing on or before June 16, 2023,
the Tenants will start to owe interest. This will be simple interest calculated from June 17,
2023 at 6.00% annually on the balance outstanding.
June 5, 2023 ____________________________
Terri van Huisstede
Date Issued Member, Landlord and 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: 2 of 2
2023 ONLTB 41281 (CanLII)