LTB Order LTB-T-004275-25

Order under Section 57 Residential Tenancies Act, 2006 File Number: LTB-T-004275-25 In the matter of: 70 MILSON CRESCENT ANGUS ON L3W0C9 Between: S. B. T. K. B. A. 13, 2025 A. M. M. Landlord Mags Investments Inc S. B. A. K. B. (the 'T.') applied for an order determining that M. M. A. Mags Investments Inc (the 'Landlord') gave a notice of termination in bad faith. This application was heard by videoconference on July 7, 2024. The Tenant S. B., the Landlord s agent Harpreet Juneja A. the Landlord s legal representative Silvat Syed attended the hearing. Determinations: 1. As explained below the Tenant s application is dismissed. 2. The Tenant s application was filed on January 9, 2025. The application alleges that on May 10, 2024, the parties signed a N11 agreement to terminate the tenancy because the Landlord had sold the rental unit A. because the purchasers required possession of the rental unit for their own use. The Tenant s application does not allege that an N12 notice of termination was served pursuant to section 49 of the Act. 3. The T. vacated the rental unit on May 28, 2024. 4. The Landlord s representative raised a preliminary motion at the hearing to have the application dismissed because the parties had previously reached a settlement A. singed a full A. final release agreement releasing either party from any future claims. 5. The Landlord submitted into evidence a copy of the full A. final release agreement signed on May 10, 2024. The release letter states that the tenancy is to terminate on or before May 31, 2024, that the Tenant s obligation to pay rent for the month of May 2024 is waived A. that the Landlord agrees to pay to the T. $12,500.00 upon vacating the rental unit. The monthly rent at the time the tenancy terminated was $1,765.16. Order Page 1 of 2  File Number: LTB-T-004275-25 6. The Landlord also submitted into evidence a letter signed by the Tenant S. B. on May 30, 2024 confirming that the agreed funds had been received A. accepted on behalf of both T.. 7. The Tenant present at the hearing disputed the validity of the full A. final release agreement A. argued that her co-tenant had not in fact singed the agreement. The agreement entered into evidence clearly shows a signature from the Tenant K. B., which matches the signature listed on the N11 agreement signed. The Tenant S. B. further confirmed that her co-tenant was aware of the agreement entered into A. that she was aware of the funds received as a result of the agreement signed. I also note that K. B. was not present at the hearing, nor did she sign the T5 application to dispute any prior settlement. Therefore, I find that the release agreement signed was binding on all of the parties involved. 8. The Tenant present at the hearing also confirmed that prior to signing the full A. final release agreement, that the parties had negotiated back A. forth for a few weeks with respect to the move out date A. the amount of compensation to be paid. 9. Based on the evidence A. submissions before the Board, I find that the parties mutually settled all issues arising out of the tenancy agreement A. further agreed to terminate the tenancy on a binding agreement. Both the N11 agreement A. the full A. final release letter are signed by both an agent of the Landlord A. the two T. A. the Tenant present at the hearing confirmed that both T. were aware of A. understood the terms of the written settlement. The Tenant also confirmed that the Landlord paid compensation well above the required amount required under section 49 of the Act. 10. I find that it would be an abuse of process for the T. to now renege on the settlement agreement signed A. pursue an application before the Board. As stated above, the tenancy did not terminate pursuant to a N12 notice served under section 49 of the Act, but rather a N11 agreement A. a full A. final settlement agreement signed by the parties. The evidence also confirms that the parties negotiated the terms of the settlement weeks in advance of singing A. therefore I do not find that the T. were coerced into signing any agreement A. that they had ample time to obtain legal advice prior to singing the agreement to terminate their tenancy. It is ordered that: 1. The Tenant s application is dismissed. August 13, 2025 _____________________________ Date Issued Fabio Quattrociocchi 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