Lakeshore Village Artists' Co-operative Inc. v Byfield

Last updated: June 3, 2025

Order

Ordered by Egya Sangmuah,Tribunals Ontario  under Section 94.11, Residential Tenancies Act, 2006

Order Date: September 20, 2024
Unit ***, 50 Etta Wylie Road, Toronto, ON M8V3Z7
Contested Dispute

Decision in favor of

Landlord

Dispute Categories

Subsections of RTA Quoted

94.11(1)94.12(2)
ContentionModerate

Agree with the ruling?

Citation: Lakeshore Village Artists' Co-operative Inc. v Byfield, LTB-C-066165-24

File Number: LTB-C-066165-24

Timeline

Order Date

Sep 20, 2024

11 days

Tenancy End Date

Oct 2024

Decision

The Co-op Member's occupancy is terminated, and the Co-op Member must move out by October 1, 2024. The Co-op Member must pay the Co-op $16,112.20, which includes arrears of regular monthly housing charges and the cost of filing the application, minus the refundable deposit. The Co-op Member must also pay the Co-op $30.71 per day for use of the unit starting September 21, 2024 until the move-out date. If the Co-op Member does not pay the full amount by October 1, 2024, the Co-op may file the order with the Court Enforcement Office for enforcement.

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Dispute

The Co-op applied for an order to end the occupancy of the member unit and evict the Co-op Member due to the Co-op Member's failure to pay the regular monthly housing charges for August 2024.

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Determinations

  • The Co-op Member failed to pay the regular monthly housing charges for August 2024 on or before August 1, 2024
  • The Co-op is entitled to request an order for the payment of arrears and other housing charges owing
  • The Co-op Member is owed $934.00 for refundable deposits
  • It would be unfair to grant relief from eviction
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Landlord's Arguments

Tenant's Arguments

Actions and Evidence

The Co-op Member failed to pay the regular monthly housing charges for August 2024 on or before August 1, 2024.

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