LTB Order LTB-T-001677-22

O. under Section 31 Residential Tenancies Act, 2006 2023 ONLTB 32965 (CanLII) Citation: S. v C., 2023 ONLTB 32965 Date: 2023-04-27 File Number: LTB-T-001677-22 In the matter of: 1, 47 CHURCH ST W ELMIRA ON N3B1M6 Between: J. S. T. P. T. A. D. C. L. J. S., A. P. T. (the 'T.') A. F. an O. D. T. D. C. (the 'L.') entered the rental unit illegally. This application was heard by videoconference on March 21, 2023. Only the T. attended the hearing. As of 9:50am, the L. was not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was an email sent to the Board by the L. stating T. she would not be available to attend the hearing. The L. had not submitted a “Request to Reschedule” form, nor had the L. submitted any evidence T. she had sought the consent of the T. to have the matter rescheduled. The L.’s email stated T. she was seeking the adjournment F. medical appointments, however the email lacked particulars, such as time of appointment or the expected duration of the appointment. There is no evidence T. the Board responded to the L.’s request to have the matter rescheduled. Without a response from the Board, it would be expected T. either the L., or her agent, should have been present F. the hearing. I find T. the L. had sufficient notice to either properly request the rescheduling of the hearing pursuant to Rule 21 of the LTB Rules of Procedure, or to retain the services of an agent to act on her behalf in either proceeding with the matter or requesting an adjournment. Therefore, the matter will be heard uncontested. Page 1 of 3  File Number: LTB-T-001677-22 Determinations: 1. The T. testified T. the tenancy ended September 30, 2022. 2. The T. testified T. they were seeking an O. D. T. the L. 2023 ONLTB 32965 (CanLII) illegally entered their rental unit on January 8, 2022, at 12:37pm. 3. The T. presented evidence T. the L. had communicated with the T. via text on January 7, 2022, at 4:50pm stating T. a plumber was going to enter their rental unit. A copy of the text message, with the time received showing 4:50pm on the text message, was submitted to corroborate the T.’ testimony. 4. The T. presented a screenshot of security video footage taken from inside their rental unit with a time stamp showing T. the plumber entered the rental unit at 12:37pm on January 8, 2022. The T. testified T. this was a breach of the Act because the T. were not given a full 24 hours of notice by the L. prior to entry into the unit. 5. The T. stated T. they believe the person who entered the unit was a plumber A. T. no damages or any other issues occurred due to this entry. 6. Section 27(1) of the Residential Tenancies Act, 2006 (the ‘Act’) states: A L. may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances: 1. To carry out a repair or replacement or do work in the rental unit. 7. Section 27 of the Act is clear in stating T. a L. is required to give 24 hours of notice prior to entry F. the purpose of repair or maintenance. Based on the evidence before me, the plumber hired by the L. entered the unit approximately 20 hours after the notice was given by the L. A. not 24 hours. 8. I find T. the L. permitted an entry into the rental unit with less than 24 hours of notice A. is therefore a breach of section 27 of the Act. 9. At the hearing, the T. stated T. they were only seeking the filing fee F. this application of $48.00 A. would withdraw any other remedies being sought on their T2 application. 10. I find T. the T.’ remedy is fair in these circumstances. Therefore, the L. shall pay the T. the filing fee of $48.00. It is ordered T.: 1. The tenancy between the L. A. the T. is terminated as of September 30, 2022. Page 2 of 3  File Number: LTB-T-001677-22 2. The total amount the L. shall pay the T. is $48.00. This amount represents the filing fee incurred by the T. F. this application. 3. The L. shall pay the T. the full amount owing by May 15, 2023 2023 ONLTB 32965 (CanLII) 4. If the L. does not pay the T. the full amount owing by May 15, 2023, the L. will owe interest. This will be simple interest calculated from May 16, 2023, at 6% annually on the balance outstanding. 5. The T. have the right, at any time, to collect the full amount owing or any balance outstanding under this O.. April 27, 2023 Date Issued Robert Brown Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this O., call 416-645-8080 or toll free at 1-888-332-3234. Page 3 of 3