S******** Canadian Residential Growth Fund. v Gibson

Last updated: July 26, 2024

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Order

Ordered by Sandra Macchione,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: June 15, 2021
*** Speedvale Avenue W, Guelph, ON N1H1J6
Contested Dispute

Decision in favor of

Landlord

Dispute Categories

Notices Sent

Non-payment of rent (N4)
ContentionLow

Agree with the ruling?

Citation: S******** Canadian Residential Growth Fund. v Gibson, 2021 CanLII 96006 (ON LTB)

File Number: SOL-17822-20

Timeline

Application Date

Oct 2020

8 months

Hearing Date

Jun 2021

7 days

Order Date

Jun 15, 2021

Decision

The Tenant shall pay the Landlord $9,113.23 as follows: a) $400.00 (arrears) on or before the 15th day of each month for a six-month period starting June 15, 2021 to November 15, 2021; b) $6,713.23 on or before December 15, 2021. The Tenant shall also pay the Landlord rent owing for the months of July 2021 to December 2021, no later than the first day of each month. If the Tenant fails to make any one of the payments in accordance with this order, the outstanding balance of any arrears of rent and costs to be paid by the Tenant to the Landlord shall become immediately due and owing, and the Landlord may apply to the Board for an order terminating the tenancy and evicting the Tenant.

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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.

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Determinations

  • Tenant owes $8,927.23 in rent arrears
  • Tenant owes $186.00 for application filing fee
  • Total amount owing is $9,113.23
  • Landlord served valid N4 Notice
  • Tenant did not void notice by paying arrears
  • Tenant has long-standing tenancy
  • Tenant's employment income affected by COVID-19
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Landlord's Arguments

Tenant's Arguments

Actions and Evidence

Tenant indicated he could pay balance off by end of year.

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