LTB Order LTB-L-077835-22

Order under Section 69 2023 ONLTB 54611 (CanLII) Residential Tenancies Act, 2006 Citation: N. v M., 2023 ONLTB 54611 Date: 2023-08-09 File Number: LTB-L-077835-22 In the matter of: 50, 75 PRINCE WILLIAM WAY BARRIE ON L4N7P5 Between: S.N. Landlord And S.M. Tenants Amanda Smith S.N. (the 'Landlord') applied for an order to terminate the tenancy and evict S. M. and Amanda Smith (the 'Tenants') because: • the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. This application was heard by videoconference on May 4, 2023. The Landlord, the Landlord’s representative S Emam and the Tenants attended the hearing. Determinations: 1. For the reasons that follow, I find that the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation by himself and his family. The tenancy between the Landlord and the Tenants will be terminated September 15, 2023. 2. The Tenants were in possession of the rental unit on the date the application was filed. The N12 Notice of Termination 3. On December 5, 2022, the Landlord gave the Tenants an N12 notice of termination, delivered by postal mail, deemed served date on December 10, 2022, with the termination date of February 28, 2023. The Landlord claims that they require vacant possession of the rental unit for the purpose of residential occupation by the Landlord for a period of at least one year. Order Page 1 of 4  2023 ONLTB 54611 (CanLII) File Number: LTB-L-077835-22 Compensation 4. It was uncontested that the Landlord has compensated the Tenants an amount equal to one month's rent by delivering a cheque to the Tenants on February 23, 2023. The Landlord’s good faith intention 5. The issue to be determined by the Board is whether the Landlord has satisfied the “good faith” requirement set out in subsection 48(1) of the Act which provides: a landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation by: (a) the landlord 6. The onus is on the Landlord to establish that the Landlord in good faith requires the rental unit for the purpose of residential occupation by the Landlord. 7. In the leading case law involving a landlord’s own use application, Salter v. Beljinac, [2001], O.J. No. 2792 (Div. Ct.), the Divisional Court held that: the test of good faith is genuine intention to occupy the premises and not the reasonableness of the landlord’s proposal… 8. Thus, the Landlord must establish that he genuinely intends to move into the unit. The Court also found in Salter that the Landlord’s motives are “largely irrelevant’. 9. The Landlord testified that he requires the rental unit for himself and his family to reside in for a period of at least one year. The Landlord said that he and his mother and his sisters currently rent a house and that he cannot afford to rent and pay the mortgage on the house that he owns, and needs to move into the rental unit. 10. The Tenants testified that they sold the rental unit to the Landlord in March, 2021, and at that time entered into a 2 year, fixed term lease that expired on February 28, 2023. The Tenants testified that they have been attempting to find alternative housing however they have found it to be very expensive. The Tenants said they do not doubt that the Landlord will move into the unit. 11. On the basis of the evidence before the Board, I have no reason to doubt the truthfulness of the Landlord’s testimony or his good faith intention. I am therefore satisfied on the Order Page 2 of 4  balance of probabilities that the Landlord, in good faith, requires possession of the rental unit for the purpose of residential occupation for a minimum of one year. 12. There is no last month's rent deposit. 13. The Landlord’s application does not claim compensation for each day the Tenants remained in the unit after the termination date. 2023 ONLTB 54611 (CanLII) File Number: LTB-L-077835-22 Relief from Eviction 14. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to postpone the eviction until September 15, 2023 pursuant to subsection 83(1)(b) of the Act. The delay will allow the Tenants additional time to secure alternative housing without unduly prejudicing the Landlord. It is ordered that: 1. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before September 15, 2023. 2. If the unit is not vacated on or before September 15, 2023, then starting September 16, 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 September 16, 2023. August 9, 2023 ____________________________ Order Page 3 of 4  Date Issued Heather Kenny Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 2023 ONLTB 54611 (CanLII) 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 of the Tenant expires on March 16, 2024 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 4 of 4