Greater Sudbury Housing Corporation v Coolahan

Last updated: December 14, 2024

Order

Ordered by Greg Joy,Tribunals Ontario  under Section 78, Residential Tenancies Act, 2006

Order Date: July 23, 2024
*** Lasalle Blvd, Sudbury, ON P3A2G5
Uncontested Dispute

Decision in favor of

Landlord

Ordered Amount

$15,214

to Landlord

Dispute Categories

Notices Sent

Non-payment of rent (N4)

Subsections of RTA Quoted

78(6)83(1)83(2)
ContentionHigh

Agree with the ruling?

Citation: Greater Sudbury Housing Corporation v Coolahan, 2024 ONLTB 53028

File Number: LTB-L-037983-24

Timeline

Hearing Date

Jul 2024

12 days

Order Date

Jul 23, 2024

11 days

Tenancy End Date

Aug 2024

Decision

The tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before August 3, 2024. If the unit is not vacated on or before August 3, 2024, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. The Tenant shall pay the Landlord $9,080.00 representing the rent owing up to June 30, 2024 and the cost of filing the previous application, as well as $44.35 per day for compensation for the use of the unit starting July 1, 2024 to the date the Tenant moves out of the unit. If the Tenant does not pay the full amount owing on or before August 3, 2024, the Tenant will start to owe interest at 7.00% annually on the balance outstanding.

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Dispute

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's failure to meet a condition specified in a previous order issued by the Board. The Tenant owed the Landlord $6,134.00 in arrears and costs to the end of March 2024, and $9,080.00 to the end of June 2024, plus compensation for each day the Tenant remained in the unit.

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Determinations

  • The order provides that the Landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 without notice to the Tenant to terminate the tenancy and evict the Tenant if the Tenant does not meet certain conditions in the order.
  • The Tenant owed the Landlord $6,134.00 in arrears and costs to the end of March 2024, and $9,080.00 to the end of June 2024, plus compensation for each day the Tenant remained in the unit.
  • The application was filed within 30 days of the breach.
  • The Landlord is entitled to daily compensation from starting July 12, 2024 until the date the Tenant moves out of the unit at a daily rate of $44.35.
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Landlord's Arguments

Tenant's Arguments

Actions and Evidence

The Tenant failed to meet the conditions specified in the previous order.

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Financial Details

Rent Arrears

$6,134

Ordered Amount

$15,214 (to Landlord)

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