Talk:Jurisdiction (Monetary)(LTB)

Other Decisions

Residential Tenancies Act, 2006

59 (1) If a tenant fails to pay rent lawfully owing under a tenancy agreement, the landlord may give the tenant notice of termination of the tenancy effective not earlier than,

(a) the 7th day after the notice is given, in the case of a daily or weekly tenancy; and

(b) the 14th day after the notice is given, in all other cases. 2006, c. 17, s. 59 (1).

(2) The notice of termination shall set out the amount of rent due and shall specify that the tenant may avoid the termination of the tenancy by paying, on or before the termination date specified in the notice, the rent due as set out in the notice and any additional rent that has become due under the tenancy agreement as at the date of payment by the tenant. 2006, c. 17, s. 59 (2).

...

69 (1) A landlord may apply to the Board for an order terminating a tenancy and evicting the tenant if the landlord has given notice to terminate the tenancy under this Act or the Tenant Protection Act, 1997. 2006, c. 17, s. 69 (1).

...

74 (1) A landlord may not apply to the Board under section 69 for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 59 before the day following the termination date specified in the notice. 2006, c. 17, s. 74 (1).

...

(11) A tenant may make a motion to the Board, on notice to the landlord, to set aside an eviction order referred to in subsection (3) if, after the order becomes enforceable but before it is executed, the tenant pays an amount to the landlord or to the Board and files an affidavit sworn by the tenant stating that the amount, together with any amounts previously paid to the landlord or to the Board, is at least the sum of the following amounts:

...

(12) Subsection (11) does not apply if the tenant has previously made a motion under that subsection during the period of the tenant’s tenancy agreement with the landlord. 2006, c. 17, s. 74 (12).

...

87 (1) A landlord may apply to the Board for an order requiring a tenant or former tenant to pay arrears of rent if,

(a) the tenant or former tenant did not pay rent lawfully required under the tenancy agreement; and

(b) in the case of a tenant or former tenant no longer in possession of the rental unit, the tenant or former tenant ceased to be in possession on or after the day subsection 18 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force. 2020, c. 16, Sched. 4, s. 18 (1).

Mittler v McKenna, 2023 ONLTB 77922

It is ordered that:

...

5. Pursuant to the Landlord’s L9 application (Board file LTB-L-043864-22), the Tenants shall pay to the Landlord $20,221.00. This amount represents rent arrears owing up to June 14, 2022, administrative costs for one dishonoured cheque and the costs of filing the application. See schedule 1 for the calculation of the amount owing.

6. If the Tenants do not pay the Landlord the full amount owing as set out in paragraph 5 of this order on or before December 16, 2023, the Tenants will start to owe interest. This will be simple interest calculated from December 17, 2023 at 7.00% annually on the balance outstanding.

7. Order LTB-L-065976-22, issued on August 23, 2023, is canceled and replaced with the following:

8. Pursuant to the Landlord’s L1 application (Board file LTB-L-065976-22), the Tenants shall pay to the Landlord $26,280.47. This amount includes rent arrears owing up to the date the Tenants moved out of the rental unit and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit is deducted from the amount owing by the Tenants. See Schedule 1 for the calculation of the amount owing.

9. If the Tenants do not pay the Landlord the full amount owing as set out in paragraph 8 of this order on or before December 31, 2023, the Tenants will start to owe interest. This will be simple interest calculated from January 1, 2024 at 7.00% annually on the balance outstanding.

10. The tenancy between the Landlord and Tenants is terminated effective April 19, 2023, the date the Tenants vacated the rental unit.

Rick Eleveld v. Andrea Rivera ONLTB SOL-15059-20-RV

6. The Tenant’s representative submitted that subs.74(12) of the Act does not prohibit the Tenant from filing this subsequent motion under subs. 74(11) of the Act. He submitted that I should interpret subs. 74(12) as referring not to the tenancy as a whole but as referring to each period in the tenancy. He submitted that this is a month-to-month tenancy and so each month is a new tenancy that ends at the end of the month and then is replaced by a new tenancy the following month and so on. He submitted that if a landlord wants protection from a tenant who seeks to file multiple motions under s.78(11), that landlord can offer the tenant a longer fixed term tenancy. The Tenant’s representative also submitted that order SOL-15059-20 issued on December 10, 2022 contains a clause that says the Tenant can file a motion under subs. 74(11) of the Act.

7. The Tenant’s representative’s proposed interpretation of subs. 74(12) makes no sense. A tenant who is in arrears and facing legal proceedings has several opportunities to avoid eviction by paying off the arrears. A tenant’s first opportunity is when they receive an N4 notice of eviction. If the tenant pays off the arrears by the termination date in the notice, the notice is void. A tenant’s second opportunity is when they receive the application. A tenant can discontinue the application by paying off the arrears and the application filing fee before the Board issues an order. A tenant’s third opportunity is when the order is issued: the tenant can void the eviction by paying the voiding amount in the order and the application fee by the termination date.

8. Subsection 74(11) gives a tenant a fourth opportunity to avoid eviction by paying all outstanding rent and arrears and costs before the eviction is executed. This last opportunity is a “last chance.” It is clear from the plain wording of subs. 74(12) that this last chance opportunity is only available to a tenant one time in any tenancy. I say this because if this subsection is to be interpreted as suggested by the Tenant’s representative, it may as well not be there at all. This subsection is a limit on the last chance opportunity. If it recharges or renews every month (or, in the case of a weekly tenancy, every week) it is no longer a limit and it would not be necessary to have this subsection. The legislature took the time and effort to insert this limit on a tenant’s opportunities to avoid eviction due to arrears and therefore bring some closure for landlords who otherwise may have tenants in chronic arrears who repeatedly void just before the eviction is enforced. The interpretation suggested by the Tenant’s representative would subvert the purpose of this provision so much that it would cease to have any effect. It cannot be a principle of statutory interpretation that legislation should be understood to be meaningless.

...

10. The clause in order SOL-15059-20 that says the Tenant may make a motion under s.74(11) is in every voidable eviction order issued for an application to evict for arrears. This clause also reminds tenants that they may only make such a motion once during their tenancy. This clause does not give the Board jurisdiction that it does not already have, so the invitation to file a motion under subs. 74(11) of the Act cannot be read as overriding the plain language interpretation of subs. 74(12) of the Act.

11. For these reasons, the Tenant’s motion to void must be denied. The Tenant was not entitled to file it.