Trevisan v Hunt
Last updated: March 4, 2025
Order
Ordered by Richard Ferriss,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$12,536
to Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
Citation: Trevisan v Hunt, 2024 ONLTB 82097
File Number: LTB-L-052886-24
Timeline
Application Date (Estimate)
May 2024
Hearing Date
Oct 2024
Order Date
Nov 6, 2024
Tenancy End Date
Nov 2024
We estimate Application Date using rent arrears.
Decision
The Landlord's application is granted. The tenancy is terminated unless the Tenant voids the order by paying $12,536 by November 17, 2024. If the Tenant does not void the order, the Tenant must vacate the unit by November 17, 2024 and pay the Landlord $10,323.20 plus daily compensation of $67.40 from October 29, 2024 until the Tenant vacates. The Tenant's representative is ordered to pay the Landlord $200 and the Board $400 for their conduct during the hearing.
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 N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent is $2,050 per month
- Tenant paid $2,000 since application filed
- Rent arrears owing to hearing date is $10,300
Landlord's Arguments
Tenant's Arguments
Arguments
The Tenant argued that the subject matter of the Landlord's application had been addressed by the Divisional Court in the Tenant's appeal of LTB-L-060634-23 and that the Landlord's application could not proceed. The Tenant also argued that the hearing should be adjourned pending the outcome of the Tenant's T2 application, LTB-T-057919-23.
Actions and Evidence
The Tenant has physical ailments with respect to his knees and arms/shoulders which would make it difficult for him to move, and the Tenant's spouse, who resides with him at the rental unit, has an anxiety disorder which will make it difficult for her to move.
Procedural Errors
The Tenant's representative attempted to mislead the Board by stating she had an order from the Divisional Court when she did not, and she pursued the relevance of the Divisional Court proceedings despite being informed that those proceedings were irrelevant to the issues in this application.
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Financial Details
Lawful Rent
$2,050
Rent Arrears
$10,300
Application Fee
$186
Ordered Amount
$12,536 (to Landlord)
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