Ankay Solution Inc v Mitchell and Tavares
Last updated: July 26, 2024
Order
Ordered by William Burke,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Dispute resolved in
Agreement
Dispute Categories
Notices Sent
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Citation: Ankay Solution Inc v Mitchell and Tavares, 2020 CanLII 118202 (ON LTB)
File Number: HOL-05716-19-VO
Timeline
Hearing Date
Jan 2020
Order Date
Sep 11, 2020
Decision
The eviction order HOL-05716-19 is void and cannot be enforced by the Landlord. The Tenants have paid $320.00 to the Landlord, which represents the non-refundable amount the Landlord paid to enforce the eviction order.
Dispute
The Tenants filed a motion to set aside an eviction order because they had paid the amount required under subsection 74(11) of the Residential Tenancies Act, 2006 to void the order before it was enforced.
Determinations
- Tenants have not previously made a motion under subsection 74(11) to set aside an eviction order during their tenancy
- Tenants paid $7,675.00 to the Landlord, which is the amount required under subsection 74(11) to void the eviction order
- Landlord paid $319.00 under the Administration of Justice Act to enforce the eviction order, which is non-refundable
- Tenants were ordered to pay $319.00 to the Board, but instead paid $320.00 directly to the Landlord on February 14, 2020
Landlord's Arguments
Tenant's Arguments
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