LTB Order LTB-L-075050-22

2023 ONLTB 15012 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: Infinity Property Services An Agency of the Metis Nation of Ontario v Walker, 2023 ONLTB 15012 Date: 2023-01-16 File Number: LTB-L-075050-22 In the matter of: 208, 74 ELGIN ST ORILLIA ON L3V1S2 Between: Infinity Property Services An Agency of the Landlord Metis Nation of Ontario and Ontario Aboriginal Housing Support Services Corporation And Jamie Walker and Misty Walker Tenant Infinity Property Services An Agency of the Metis Nation of Ontario and Ontario Aboriginal Housing Support Services Corporation (the 'Landlord') applied for an order to terminate the tenancy and evict Jamie Walker and Misty Walker (the 'Tenant') and for an order to have the Tenant to pay the rent they owe because the Tenant did not meet a condition specified in the order issued by the LTB on September 22, 2022 with respect to application LTB-L-028678-22. This application was decided without a hearing being held. Determinations: 1. The order provides that the Landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 (the 'Act') without notice to the Tenant to terminate the tenancy and evict the Tenant if the Tenant does not meet certain condition(s) in the order. This application was filed within 30 days of the breach. 2. I find that the Tenant has not met the following condition specified in the order: Order Page: 1 of 4  File Number: LTB-L-075050-22 The Tenant did not pay the lawful rent for October 2022 in full on or before October 1, 2022. The tenant also did not pay $500.00 towards arrears on or before October 1, 2022. 3. The previous application includes a request for an order for the payment of arrears of rent 2023 ONLTB 15012 (CanLII) and the order requires the Tenant to make payments by specific due dates. Accordingly, in addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. 4. The Tenant was required to pay $11,011.00 for rent arrears and the application filing fee in the previous order. The amount that is still owing from that order is $11,011.00 and that amount is included in this order. This order replaces order LTB-L-028678-22. 5. Since the date of the previous order, the Tenant has failed to pay the full rent that became owing for the period from October 1, 2022 to October 31, 2022. 6. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenant moves out of the unit at a daily rate of $39.75. This amount is calculated as follows: $1,209.00 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-028678-22 is cancelled. 2. The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before January 27, 2023. 3. If the unit is not vacated on or before January 27, 2023, then starting January 28, 2023, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 4. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord on or after January 28, 2023. 5. The Tenant shall pay to the Landlord $22,658.00* (Less any payments made by the Tenants after this application was filed on October 19, 2022). This amount represents the rent owing up to January 16, 2023. 6. The Tenant shall also pay to the Landlord $39.75 per day for compensation for the use of the unit starting January 17, 2023 to the date the Tenant moves out of the unit. 7. If the Tenant does not pay the Landlord the full amount owing on or before January 27, 2023, the Tenant will start to owe interest. This will be a simple interest calculated from January 28, 2023 at 5.00% annually on the balance outstanding. January 16, 2023 ____________________________ Date Issued Vladislav Shustov Order Page: 2 of 4  File Number: LTB-L-075050-22 Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 2023 ONLTB 15012 (CanLII) The Tenant has until January 26, 2023 to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenant files the motion by January 26, 2023 the order will be stayed and the LTB will schedule a hearing. If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. In accordance with section 81 of the Act, the part of this order relating to the eviction expires on July 21, 2023 if the order has not been filed on or before this date with the Court Enforcement Office (Sheriff) that has territorial jurisdiction where the rental unit is located. * Refer to the attached Summary of Calculations. Order Page: 3 of 4  File Number: LTB-L-075050-22 Summary of Calculation Amount the Tenant must pay the Landlord: Reason for amount owing Period Amount Amount owing from previous Up to September 30, 2022 2023 ONLTB 15012 (CanLII) order $11,011.00 New Arrears October 1, 2022 to January 16, 2023 $11,647.00 Plus daily compensation owing for each day of occupation $39.75 (per day) starting January 17, 2023 Total the Tenant must pay the Landlord: $22,658.00 +$39.75 per day starting January 17, 2023 Order Page: 4 of 4