LTB Order LTB-L-074908-22

2023 ONLTB 26324 (CanLII) O. under Section 78(11) Residential Tenancies Act, 2006 Citation: M. N.-Profit H. C. v A., 2023 ONLTB 26324 Date: 2023-06-29 File Number: LTB-L-074908-22-SA In T. matter of: 312, 141 Woolwich Street Guelph ON N1H8M5 Between: M.N.P.H.C. Landlord And T. L. A. M. N.-Profit H. C. (T. 'Landlord') A. F. an O. to T. T. tenancy and evict L. A. (T. 'T.') and F. an O. to have T. T. pay T. rent they owe because T. T. did not meet a condition specified in T. O. issued by T. LTB on September 29, 2022 with respect to application LTB-L-014149-22. T. Landlord’s application was resolved by O. LTB-L-074908-22, issued on January 27, 2023. This O. was issued without a hearing being held. T. T. filed a motion to set aside O. LTB-L-074908-22. T. motion was heard by videoconference on March 7, 2023. T. Landlord’s legal representative, Francisco Gomes, T. T., and T. T.’s legal representative, Anthea Millikin, attended T. hearing. At T. hearing, T. parties requested an O. on consent. I was not satisfied that T. parties understood T. consequences of their joint submissions and therefore I denied T. request F. T. consent O.. Determinations: O. Page: 1 of 3 1. T. parties agreed that T. total amount of rent arrears and T. application filing fee cost F. T. period ending March 31, 2023 is $234.00. This is $48.00 in rent arrears and $186.00 F. T. application filing fee cost. T. same amount that was ordered originally under LTB-L-014149-22 which was issued on September 29, 2022. File Number: LTB-L-074908-22-SA 2023 ONLTB 26324 (CanLII) 2. T. T. did not attend T. first hearing, and T. member felt it was appropriate to O. a conditional O. F. T. T. to make payments of $25.00 on or by T. 15 th day of each month starting on October 25, 2022 until T. balance was paid in full. 3. T. T. breached T. O. when they did not pay T. $25.00 by October 15, 2022. This was undisputed. 4. However, T. T. explained that they were not aware of T. original hearing date, and they were not aware of T. debt of $48.00 in arrears until after they received T. exparte O. issued on January 27, 2023 and made inquiries about it. 5. T. arrears amount is a rent differential from when T. T. went from receiving ODSP to OW. T. T. has never paid their rent directly. It has been paid by ODSP or OW directly to T. Landlord. 6. T. Landlord sought a conditional O. F. T. rent arrears and filing fee pursuant to section 78, or in T. alternative, to deny T. motion on T. basis that T. T. breached T. payment plan. 7. Pursuant to subsection 78(11)(b) of T. Residential Tenancies Act, 2006 (T. ‘Act’), I find it appropriate to set aside T. O. terminating T. tenancy having regard to all of T. circumstances. 8. In my view, T. intent of T. legislation is to prevent unlawful evictions and to balance T. rights and responsibilities of Landlords and Tenants. This can be seen in T. preamble to T. Act. 9. Section 202 of T. Act requires that T. Board ascertain T. real substance of all transactions and activities relating to a residential complex or a rental unit and T. good faith of T. participants and in doing so, may disregard T. outward form of a transaction or T. separate corporate existence of participants; and may have regard to T. pattern of activities relating to T. residential complex or T. rental unit. 10. T. parties originally approached me with a consent to a section 78 conditional O. F. T. rent arrears of $48.00 and T. application filing fee of $186.00. Essentially a similar O. from T. original O.. T. parties also consented to T. T. paying T. Sheriff fee of $321.00 or interest would accrue starting April 1, 2023. 11. T. Landlord is a social H. provider, and T. rent is subsidized and geared to T. Tenants income. T. T.’s portion of rent is $139.00 and is paid directly to T. Landlord. O. Page: 2 of 3  12. Although there is nothing particularly unlawful about evicting a T. when they owe arears of rent, I do not find it appropriate to impose conditions on a T. that may result in termination of T. tenancy F. failing to pay $48.00 in rent arrears and a filing fee. 13. I further lack T. jurisdiction under section 78 of T. Act to O. that T. T. reimburse T. Landlord T. cost of T. sheriff’s enforcement fees. 2023 ONLTB 26324 (CanLII) It is ordered that: 1. T. T.’s motion to set aside T. exparte O. under LTB-L-074908-22, issued on January 27, 2023, is granted. T. O. is cancelled and replaced with T. following O.: File Number: LTB-L-074908-22-SA 2. T. T. shall pay to T. Landlord $234.00. This amount represents T. rent owing up to March 31, 2023, and T. cost of filling T. application. 3. If T. T. does not pay T. Landlord T. full amount owing on or before July 10, 2023, T. T. will start to owe interest. This will be a simple interest calculated from July 11, 2023 at 6.00% annually on T. balance outstanding. June 29, 2023 Date Issued 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. O. Page: 3 of 3