Case Study

LTB Order LTB-L-038905-26 — Eviction for Breach of Prior Order | Vaughan, Ontario

Landlords Gebran & Elena Sbeit granted eviction against tenants Ibrahim Tams & Vera Farrage for failing to pay $728.92 in outstanding utility costs by April 30, 2026.

🕑 Case timeline

Application Date: Date not provided (within 30 days of April 30, 2026 breach)

Hearing Date: No hearing held

Order Issued: May 11, 2026

Termination Date: May 22, 2026

Eviction Deadline: May 22, 2026

ℹ️ Case overview

Case Number: LTB-L-038905-26
Address: Unit E12, 26 Bruce St, Vaughan ON L4L0H4
Form Used: Section 78 application (no hearing required)
Served By: Date not provided
Amount Awarded: -$(2,685.48) + $85.48 per day starting May 12, 2026
Decision In Favor: Landlords
Application Type: Eviction for breach of prior LTB order conditions (failure to pay outstanding utility costs)
RTA Sections: Section 78 — Application without notice after breach of prior order, Section 78(6) — Order under this section, Section 78(9) — Motion to set aside order, Section 81 — Expiry of eviction order

👥 Parties involved

Landlord: Gebran Sbeit and Elena Sbeit
Landlord Rep: Self Represented
Tenant: Ibrahim Tams and Vera Farrage
Tenant Rep: Self Represented
Adjudicator: Kelly Delaney
Keywords: Section 78, eviction, breach of order, utility costs, rent deposit, daily compensation, Vaughan, Residential Tenancies Act 2006

⚖️ Decision summary

Tenancy between landlords and tenants is terminated effective May 22, 2026.
If tenants do not vacate by May 22, 2026, landlords may file the order with the Court Enforcement Office (Sheriff) starting May 23, 2026.
The rent deposit and interest exceed compensation owed to landlords by $1,745.96; landlords authorized to offset this with $85.48/day use compensation from May 12, 2026.
Tenants had until May 21, 2026 to file a motion to set aside the order under Section 78(9) of the Act.
The eviction order expires November 23, 2026 if not filed with the Sheriff by that date.

⚠️ Dispute summary

Landlords applied under Section 78 after tenants breached a condition of a prior LTB order requiring payment of $728.92 in outstanding utility costs by April 30, 2026.
The prior order (LTB-L-101235-25 dated April 1, 2026) permitted the landlords to file a Section 78 application without notice if tenants failed to meet specified conditions.
No hearing was held; the matter was decided on the written record submitted by the landlords.

📑 Findings & determinations

Tenants did not meet the condition to pay $728.92 in outstanding utility costs by April 30, 2026, as required by the prior LTB order.
The LTB does not have authority under Section 78 to order payment of unpaid utility charges; the prior order LTB-L-101235-25 covers that remedy and remains enforceable.
The rent deposit of $2,600.00 and accrued interest of $60.88 exceed the compensation and filing costs owed to landlords by $1,745.96.
Landlords are entitled to daily compensation of $85.48 per day (calculated as $2,600.00 x 12 / 365) from May 12, 2026 until the unit is vacated.
Landlords may deduct daily compensation from the amount they owe the tenants.

💡 Summary points

Tenants failed to pay $728.92 in outstanding utility costs by April 30, 2026, breaching a prior LTB order (LTB-L-101235-25).
Application filed under Section 78 of the Residential Tenancies Act, 2006, without a hearing, within 30 days of the breach.
Tenancy terminated effective May 22, 2026; Sheriff enforcement available from May 23, 2026.
Rent deposit of $2,600.00 plus interest of $60.88 (March 31, 2025 to May 11, 2026) exceeds amounts owed to landlords by $1,745.96.
Landlords entitled to deduct $85.48 per day for use of the unit from May 12, 2026 until tenants vacate.
Prior order LTB-L-101235-25 for unpaid utility charges remains in effect and may be enforced separately.
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🧑‍⚖️ Same adjudicator

Kelly Delaney