Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$71,136
to Landlord
Agree with the ruling?
Application Date
Jan 2023
Hearing Date
Nov 2023
Order Date
Dec 12, 2023
Tenancy End Date
Dec 2023
The tenancy is terminated unless the Tenants pay $71,136 to void the order and continue the tenancy by December 23, 2023. If the Tenants do not pay, they must vacate the unit by December 23, 2023 and pay the Landlord $35,186, plus daily compensation of $70.68 per day starting November 23, 2023 until they vacate.
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears.
Tenants argued the proceeding constitutes an abuse of process and the Board does not have jurisdiction because they filed an application in the Superior Court claiming equitable ownership.
Tenants have not paid rent since April 2021.
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Lawful Rent
$2,150
Rent Arrears
$68,235
Application Fee
$186
Rent Deposit
$2,150
Deposit Interest
$207
Ordered Amount
$71,136 (to Landlord)
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