LTB Order LTB-L-080283-22

2023 ONLTB 28244 (CanLII) Order under Section 78(6) Residential Tenancies Act, 2006 Citation: 9684018 Canada Inc. v G., 2023 ONLTB 28244 Date: 2023-03-28 File Number: LTB-L-080283-22 In the matter of: 7878 Yonge Street Innisfil ON L9S1L4 Between: 9684018 Canada Inc. Landlord And A.G. Tenants Paul G. On December 21, 2022, 9684018 Canada Inc. (the 'Landlord') applied for an order to terminate the tenancy and evict A.G. and Paul G. (the 'Tenants') and for an order to have the Tenants pay the rent they owe because the Tenants did not meet a condition specified in the order issued by the LTB on October 13, 2022, with respect to application LTB-L-003818-22. 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 Tenants to terminate the tenancy and evict the Tenants if the Tenants do not meet certain condition(s) in the order. This application was filed within 30 days of the breach. 2. I find that the Tenants have not met the following condition specified in the order: Order Page: 1 of 4  The Tenants failed to pay to the Landlord $450.00 on or before December 20,2022 towards arrears of rent. 3. The previous application includes a request for an order for the payment of arrears of rent and the order requires the Tenants to make payments by specific due dates. Accordingly, in addition to eviction, the Landlord is entitled to request an order for the payment of arrears owing. 2023 ONLTB 28244 (CanLII) 4. The Tenants were required to pay $5,600.00 for rent arrears, and the application filing fee in the previous order. The amount that is still owing from that order is $4,700.00 and that amount is included in this order. This order replaces order LTB-L-003818-22. File Number: LTB-L-080283-22 5. The Landlord is entitled to daily compensation from the day after this order is issued to the date the Tenants move out of the unit at a daily rate of $47.04 This amount is calculated as follows: $1,430.80 x 12, divided by 365 days. It is ordered that: 1. Order LTB-L-003818-22 is cancelled. 2. The tenancy between the Landlord and the Tenants is terminated. The Tenants must move out of the rental unit on or before April 08, 2023. 3. If the unit is not vacated on or before April 08, 2023, then starting April 09, 2023, 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 April 09, 2023. 5. The Tenants shall pay to the Landlord $8,878.72* (less any payments made by the Tenants after this application was filed on December 21, 2022). This amount represents the rent owing up to March 28, 2023. 6. The Tenants shall also pay to the Landlord $47.04 per day for compensation for the use of the unit starting March 29, 2023, to the date the Tenants move out of the unit. 7. If the Tenants do not pay the Landlord the full amount owing on or before April 08, 2023, the Tenants will start to owe interest. This will be a simple interest calculated from April 9, 2023, at 5.00% annually on the balance outstanding. March 28, 2023 ____________________________ Date Issued Elle Venhola Member, Landlord and Tenant Board Order Page: 2 of 4 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 The Tenants have until April 07, 2023, to file a motion with the LTB to set aside the order under s. 78(9) of the Act. If the tenants files the motion by April 07, 2023, the order will be stayed and the LTB will 2023 ONLTB 28244 (CanLII) 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 October 09, 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. * Refer to the attached Summary of Calculations. File Number: LTB-L-080283-22 Summary of Calculation Order Page: 3 of 4 Order Page: 4 of 4 2023 ONLTB 28244 (CanLII)