LTB Order LTB-L-080283-22

2023 ONLTB 35866 (CanLII) Order under Section 78(11) Residential Tenancies Act, 2006 Citation: 9684018 Canada Inc. v A. H., 2023 ONLTB 35866 Date: 2023-05-09 File Number: LTB-L-080283-22-SA In the matter of: 7878 Yonge Street Innisfil ON L9S1L4 Between: 9684018 Canada Inc. Landlord A. A.H.A.P.G. Tenant 9684018 Canada Inc. (the 'Landlord') applied for an order to terminate the tenancy A. evict A. G. A. P. G. (the 'Tenant') because the Tenant failed to meet a condition specified in the order issued by the Board on October 13, 2022 with respect to application LTB- L003818-22. The Landlord's application was resolved by order LTB-L-080283-22 issued March 28, 2023. This order was issued without a hearing being held. The Tenant filed a motion to set aside order LTB-L-080283-22. This motion was heard in videoconference (VC#101) on April 17, 2023. The Landlord’s representative, Donald Cameron, the Landlord, Rachel Lapine A. the Tenants attended the hearing. Preliminary Issue: 1. The Tenant A. H. informed the Board that she was improperly identified in the Landlord’s L4 filing as A. G., the name was amended accordingly. Determinations:  2. The Tenants vacated the rental unit on January 31, 2023 in accordance to the previous Board order LTB-L-003818-22. The Tenants motion is now moot. 3. At the hearing, the Landlord’s legal representative requested representation costs in the amount of $500.00 because the Tenants filed a motion to set aside on March 29, 2023 A. proceeded to hearing while they had already vacated the rental property, this deemed as an 2023 ONLTB 35866 (CanLII) abuse of process. Order Page: 1 of 2 File Number: LTB-L-080283-22 4. In accordance with Rule 23 of the Landlord A. Tenant Board’s Rules of Practice A. the Board’s Interpretation Guideline 3, a Member may order costs where the conduct of the party was unreasonable. Conduct is unreasonable if it causes undue expense or delay. 5. In the case before me, the Tenants filed the motion to set aside as they wanted to make submissions with respect to the circumstances giving rise to the Landlord’s L4 application filing. Based on the submissions of the Tenants, I am more persuaded that they did not have any intention to cause undue expense or delay for the Landlord, this is a case of the Tenants not having a sound understanding of the Board’s processes A. ramifications of their filing. 6. On that basis, the Landlord’s request for representation costs is denied. It is ordered that: 1. The motion to set aside Order LTB-L-080283-22 issued on March 28, 2023, is denied. 2. Order LTB-L-080283-22 is unchanged. May 9, 2023 ____________________________ Date Issued Alicia Johnson Member, Landlord A. Tenant Board 15 Grosvenor Street, Ground 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 35866 (CanLII)