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)