Last updated: July 22, 2024
Ordered by Diane Wade,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$317
to Landlord
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Citation: Red Tree Developments v Beland, 2022 CanLII 49841 (ON LTB)
File Number: EAL-95073-21-VO
Hearing Date
Dec 2021
Order Date
Jan 6, 2022
The Board granted the Tenant's motion to void the eviction order EAL-95073-21, conditional on the Tenant paying $316.56 to the Board by January 21, 2021. This amount represents the non-refundable fee the Landlord paid to enforce the eviction order. If the Tenant pays this amount, the Board will issue a notice acknowledging that the eviction order is void.
Tenant filed a motion to set aside an eviction order because they paid the required amount to void the order after it became enforceable but before it was executed. The Landlord sought to maintain the termination of the tenancy despite the payment.
Landlord claimed it was prejudicial that the Tenant paid the final amount owing after the Landlord had filed with the Sheriff.
Landlord argued for termination of the tenancy despite the Tenant's payment, citing the Tenant's absence at the hearing and late payment.
Tenant filed a motion under section 74(11) of the Residential Tenancies Act to set aside the eviction order.
Tenant paid $5,786.00 to the Landlord to void the eviction order after it became enforceable but before it was executed.
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Application Fee
$186
Other Amount
$317
Non-refundable amount paid by Landlord to enforce eviction order
Ordered Amount
$317 (to Landlord)
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