Macpherson v Spoar
Last updated: August 6, 2024
Order
Ordered by Charles Dowdall,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$15,151
to Landlord
Dispute Categories
Notices Sent
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Citation: Macpherson v Spoar, 2024 ONLTB 34991
File Number: LTB-L-064788-23-HR
Timeline
Application Date
Aug 2023
Hearing Date
Jan 2024
Order Date
May 8, 2024
Tenancy End Date
May 2024
Decision
The tenancy is terminated unless the Tenant pays $28,693.50 to void the order and continue the tenancy, or $15,151.48 if the tenancy is terminated. The Tenant must also pay daily compensation of $86.35 starting January 17, 2024 until the date the Tenant moves out. If the Tenant does not pay the full amount owing by May 20, 2024, the Landlord may file the order with the Court Enforcement Office for enforcement.
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. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant still in possession on hearing date
- Lawful rent is $2,626.50 per month
- Tenant has not made any payments since application filed
- Rent arrears owing to January 31, 2024 are $18,001.50
- Landlord incurred $186.00 in filing costs
- Landlord holds $1,600.00 rent deposit with $191.12 interest
Landlord's Arguments
Actions and Evidence
Landlord's Legal Representative testified that Tenant has not paid rent since July 2023 and Landlord made numerous attempts to establish a repayment plan with no response from Tenant.
Tenant's Arguments
Actions and Evidence
Tenant testified about marital separation, pet death, and mother's death leading to missed work and depression, resulting in inability to pay rent.
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Financial Details
Lawful Rent
$2,627
Rent Arrears
$18,002
Application Fee
$186
Rent Deposit
$1,600
Deposit Interest
$191
Ordered Amount
$15,151 (to Landlord)
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