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

Order Date: September 11, 2020
*** Townline Road N, Oshawa, ON L1K3E1
Contested Dispute

Dispute resolved in

Agreement

Dispute Categories

Notices Sent

Non-payment of rent (N4)
ContentionLow

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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

7 months

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.

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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.

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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
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Landlord's Arguments

Tenant's Arguments

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