Evictly

LTB Order LTB-L-078261-22

Citation
2023 ONLTB 27605
Decided
2023-03-27
Rental unit
110, 23 LORRAINE DR NORTH YORK ON M2N6Z6
Landlord
J.B.
Tenant
the Residential Tenancies Act, 2006 Citation: Baranowsky v Aban, 2023 ONLTB 27605 Date: 2023-03-27 File Numbers: LTB-L-0
RTA section
s. 16.1
Order under Section 16.1 of the 2023 ONLTB 27605 (CanLII) Statutory Powers Procedure Act and the Residential Tenancies Act, 2006 Citation: B. v Aban, 2023 ONLTB 27605 Date: 2023-03-27 File Numbers: LTB-L-078261-22-IN/LTB-L-047156-22-IN In the matter of: 110, 23 LORRAINE DR NORTH YORK ON M2N6Z6 Between: J.B. Landlord And Milette Lapis Aban Tenants Joann Dave Kate Aban Baugh INTERIM ORDER J.B. (the 'Landlord') applied for an order to terminate the tenancy and evict Joann Dave Kate Aban Baugh and Milette Lapis Aban (the 'Tenants') because the Tenants have been persistently late in paying the Tenants’ rent. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. This application came before the Board by videoconference on March 16, 2023. The Landlord and Tenant attended the hearing. The Landlord was represented by Alireza Hesami. The Tenant was assisted by Tenant Duty Counsel, Melissa Bowen, for the sole purpose of seeking adjournment. It is ordered that: 1. This urgent application is adjourned at the request of the Tenant to April 6, 2023, at 9 a.m. to be heard in videoconference room 115 at http://bit.ly/ZLTBVideo115. This adjournment is peremptory on the Tenant meaning that in the normal course of events no further adjournments shall be granted. 2. The Board shall schedule the application contained in Board file LTB-L-047156-22 to be heard with this application on April 6, 2023 at 9 a.m. as it is for arrears of rent and closely related to this application for persistent late payment. If the Tenant files a section 82 claim with respect to the application contained in file LTB-L-047156-22, then the arrears application may be adjourned further and severed from the hearing of this application. 3. The Tenant shall pay to the Landlord $1,300.00 on or before April 5, 2023. 2023 ONLTB 27605 (CanLII) Order Page 1 of 2 File Numbers: LTB-L-078261-22-IN/LTB-L-047156-22-IN 4. If the Tenant does not comply with paragraph 3 of this order then the Board may refuse to consider the Tenant’s evidence and submissions and the Landlord may speak to the costs of the adjournment of March 16, 2023. 5. The parties should be prepared to speak to the issue of who is properly a named Tenant respondent as a lease filed in disclosure indicates the first-named Tenant above is the sole tenant of the rental unit. March 27, 2023 ____________________________ Date Issued Ruth Carey Vice Chair, Landlord and Tenant Board 15 Grosvenor Street, 1st Floor. Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page 2 of 2 2023 ONLTB 27605 (CanLII)