LTB Order LTB-L-077408-22
- Citation
- 2023 ONLTB 15366
- Decided
- 2023-01-18
- Rental unit
- 55 YORK ST ST CATHARINES ON L2R6C4
- Landlord
- D.E.
- Tenant
- C.D.
- RTA section
- s. 77
Order under Section 77
Residential Tenancies Act, 2006
Citation: E. v HANNAH, 2023 ONLTB 15366
2023 ONLTB 15366 (CanLII)
Date: 2023-01-18
File Number: LTB-L-077408-22
In the matter of: 55 YORK ST
ST CATHARINES ON L2R6C4
Between: D.E. Landlord
And
C.D. Tenants
JOHN HANNAH
D.E. (the 'Landlord') applied for an order to terminate the tenancy and evict
C.D. and JOHN HANNAH (the 'Tenants') because the Tenants entered into an
agreement to terminate the tenancy.
This application was considered without a hearing being held.
Determinations:
1. The Landlord and Tenants entered into an agreement to terminate the tenancy as of
January 3, 2023.
2. Since the application was filed on a no-fault basis, before the termination date, it is not
appropriate to require the Tenants to pay the application filling fee as costs.
It is ordered that:
1. The tenancy between the Landlord and Tenants is terminated. The Tenants must move
out of the rental unit on or before January 29, 2023.
2. If the unit is not vacated on or before January 29, 2023, then starting January 30, 2023,
the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the
eviction may be enforced.
3. 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 30, 2023.
January 18, 2023 __
Date Issued Kimberly Parish
Member, Landlord and Tenant Board
Order Page 1 of 2
15 Grosvenor Street, Ground Floor
2023 ONLTB 15366 (CanLII)
Toronto ON M7A 2G6
If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234.
The tenants have until January 28, 2023 to file a motion with the LTB to set aside the order under
s.77(6) of the Act. If the tenants file the motion by January 28, 2023 the order will be stayed and
the LTB will schedule a hearing.
In accordance with section 81 of the Act, the part of this order relating to the eviction expires on
July 30, 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.
Order Page 2 of 2