Last updated: December 14, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$18,003
to Landlord
Agree with the ruling?
Citation: Clapperton v Bouvier, 2024 ONLTB 48839
File Number: LTB-L-012918-23
Application Date (Estimate)
Feb 2022
Hearing Date
Jan 2024
Order Date
Jul 8, 2024
Tenancy End Date
Jul 2024
We estimate Application Date using rent arrears.
The L2 application for substantial interference was dismissed due to the defective N5 notice. The L1 application for non-payment of rent was granted, with the Tenants given until July 31, 2024 to pay $22,686 to void the order and continue the tenancy. If the Tenants do not pay, the tenancy will be terminated, and they must vacate the unit by July 31, 2024. The Tenants will also owe $18,003.18 in rent arrears and compensation for continued occupancy.
Tenants requested time to file income tax returns and raise funds to pay arrears
The former Landlord, Christopher Clapperton, applied for an order to terminate the tenancy and evict the Tenants, Paul Bouvier and Lesa Sabourin, due to non-payment of rent and substantial interference. The new Landlord, Bo Rosler-Woeszczak, was also involved in the application. The Landlord served a valid N4 notice for non-payment of rent, and an N5 notice for substantial interference, but the N5 notice was found to be defective. The Tenants owed $18,000 in rent arrears as of the hearing date.
Landlords submitted that any delay would be prejudicial as the current Landlord is not working and has no current income and requested a standard order for eviction.
The N5 notice was found to be defective as it did not provide sufficient details about the alleged substantial interference, and the termination date was not in compliance with the Act.
Tenants requested at least 2 months to file income tax returns to raise enough money to pay the arrears and stay, or alternatively, to have time to find a new place.
Tenants were on Ontario Works, which previously paid their rent directly to the former Landlord, but this stopped in January 2022. Tenants were under the impression that payments were still being made to the Landlord from OW, but the former Landlord stated that OW informed them the Tenants failed to file their direct deposit forms.
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Lawful Rent
$750
Rent Arrears
$18,000
Application Fee
$186
Ordered Amount
$18,003 (to Landlord)
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