LTB Order LTB-L-077609-22

Order under Section 78(6) Residential Tenancies Act, 2006 Citation: G.S.H.C. v H., 2023 ONLTB 18737 2023 ONLTB 18737 (CanLII) Date: 2023-02-08 File Number: LTB-L-077609-22 In the matter of: 104, 720 BRUCE AVE S. ON P3C5C4 Between: G.S.H.C. Landlord And S.H. Tenant G.S.H.C. (the 'Landlord') applied for an order to terminate the tenancy and evict S.H. (the 'Tenant') because the Tenant did not meet a condition specified in the order issued by the LTB on December 23, 2021 with respect to application NOL- 43835-21. 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: The Tenant failed to prevent their guests or other occupants of the rental unit from engaging in any behaviour similar in nature to the originating N5 Notices to Terminate which substantially interfere with the reasonable enjoyment of other Tenants. Specifically, from loitering in the building and/or permit their guests to allow other people entry into the building. 3. The previous application includes a request for an order for compensation for damage and the order requires the Tenant to pay an amount for damage. Accordingly, the Landlord is entitled to request an order for compensation for damage. It is ordered that: Order Page: 1 of 2  File Number: LTB-L-077609-22 1. Order NOL-43835-21 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 February 19, 2023. 3. If the unit is not vacated on or before February 19, 2023, then starting February 20, 2023, 2023 ONLTB 18737 (CanLII) 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 February 20, 2023. February 8, 2023 Date Issued Vladislav Shustov Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenant has until February 18, 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 February 18, 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 August 20, 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