B**** Tree Developments (16 Cannon) v B**** Jones
Last updated: July 26, 2024
Order
Ordered by Diane Wade,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Agree with the ruling?
Citation: B**** Tree Developments (16 Cannon) v B**** Jones, 2021 CanLII 116499 (ON LTB)
File Number: SOL-19922-21
Timeline
Application Date (Estimate)
Oct 2020
Hearing Date
Jul 2021
Order Date
Aug 17, 2021
Tenancy End Date
Aug 2021
We estimate Application Date using rent arrears.
Decision
The tenancy is terminated effective August 28, 2021. The Tenant must pay the Landlord $11,061.79, which represents the amount of rent owing and compensation up to August 17, 2021, plus $31.23 per day for compensation for the use of the unit starting August 18, 2021 to the date the Tenant moves out of the unit, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by August 28, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by August 28, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. The Tenant may make a motion to the Board under subsection 74(11) of the Act to set aside this order if they pay the required amount on or after August 29, 2021 but before the Sheriff gives vacant possession to the Landlord.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears.
Determinations
- Tenant has not paid the total rent the Tenant was required to pay for the period from October 1, 2019 to July 31, 2021
- Landlord served valid N4 Notice
- Tenant is in possession of the rental unit
- Lawful monthly rent is $950.00
- Landlord is not holding a last month's rent deposit
- Tenant paid $2,250.00 after the application was filed
- At the time of hearing, $9,785.00 was owing in arrears, including the application filing fee
Landlord's Arguments
Actions and Evidence
Landlord's Legal Representative submitted that the Landlord is seeking a standard order due to the quantum of arrears, the Tenant unilaterally decided to withhold rent, the arrears go back to 2019, and there has been no good faith attempt by the Tenant to address the issue; the money received came direct from ODSP. Further, a long repayment plan would be extremely prejudicial to the Landlord, who carries a mortgage on the property.
Tenant's Arguments
Arguments
Tenant wanted to raise section 82 issues but was advised to file a separate tenant application or applications.
Actions and Evidence
Tenant testified that he does not dispute the quantum of arrears and needs time to pay off the debt. He is on ODSP and the most he could pay towards the arrears is $400.00 per month with the rent on the first of each month.
Procedural Errors
Tenant was advised to file a separate tenant application or applications to raise section 82 issues, as the Board requires a tenant to submit in writing to the Landlord and the Board, at least 5 days prior to the hearing, the issues to be raised and the requested remedy.
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The Landlord and Tenant Board denied the Tenant's review request of an eviction and arrears order, finding the Tenant exhibited willful blindness regarding her tenancy status after vacating.
Capreit Limited Partnership v Cousineau
An ex parte LTB order terminated the tenancy for breach of a prior conditional payment order and ordered the Tenant to pay arrears and daily compensation.
The LTB terminated the tenancy for non-payment of rent, granting the Tenant a final opportunity to void the order by paying arrears by August 20, 2026.
C*** Manor v Kabeya
The LTB terminated the tenancy and ordered the Tenant to pay arrears and daily compensation after the Tenant breached conditions in a previous order.
A**** Rasoul v A* Bitar
The Landlord and Tenant Board denied the Tenant's review request of an eviction and arrears order, finding the Tenant exhibited willful blindness regarding her tenancy status after vacating.
Capreit Limited Partnership v Cousineau
An ex parte LTB order terminated the tenancy for breach of a prior conditional payment order and ordered the Tenant to pay arrears and daily compensation.
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The LTB terminated the tenancy and ordered the Tenant to pay arrears and daily compensation after the Tenant breached payment conditions from a prior order.
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