Parkplace Properties (London) Ltd. v Ash
Last updated: February 17, 2025
Order
Ordered by Fabio Quattrociocchi,Tribunals Ontario under Section 78, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Dispute Categories
Subsections of RTA Quoted
Agree with the ruling?
Citation: Parkplace Properties (London) Ltd. v Ash, 2024 ONLTB 68485
File Number: LTB-L-056917-24
Timeline
Hearing Date
Sep 2024
Order Date
Sep 19, 2024
Decision
The Landlord's application is dismissed as it was filed more than 30 days after the final term and/or condition listed in the prior order.
Dispute
The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Tenant failed to meet a condition specified in the order issued by the Board on September 22, 2023, with respect to application LTB-L-035470-23.
Determinations
- The prior order provides that the Landlord can apply to the LTB under section 78 of the Residential Tenancies Act, 2006 (the 'Act') 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 order issued on September 22, 2023, was a consent repayment plan for arrears of rent and required the Tenant to make payments towards the arrears from October 15, 2023, to May 15, 2024 and to pay the lawful rent owing for the period of October 1, 2023 to May 31, 2024.
- The Landlord's L4 application was filed on July 16, 2024.
- Section 78(5) of the Act states that a Landlord's L4 application must be filed no later than 30 days after a failure of the tenant to meet a condition described in the order.
- The prior order issued does not order the Tenant to pay rent or arrears beyond May 31, 2024, and the application was filed more than 30 days after the final payment was due per the prior order (May 15, 2024).
- As such, the Landlord's application must be dismissed as it was filed more than 30 days after the final term and/or condition listed in the prior order.
Landlord's Arguments
Tenant's Arguments
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