Case Study

Unauthorized occupant application · Toronto · TSL-16803-20

Ontario LTB order in Toronto · Dismissed

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: Not Available

Termination Date: October 10, 2021

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: TSL-16803-20
Address: 302, 81 isabella street, toronto, on, m4y1n7
Amount Awarded: $18,172.70
Decision In Favor: Tenant
Application Type: Unauthorized occupant application
RTA Sections: Section 83

👥 Parties involved

Landlord: Akelius canada limited
Landlord Rep: Bryan Rubin attended the hearing
Tenant: Vincent wong and Ariana markle
Tenant Rep: Marshall Yarmus attended the hearing
Adjudicator: Debbie Mosaheb
Keywords: unauthorized occupant

⚖️ Decision summary

This Landlord application — Unauthorized occupant application — was dismissed.

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated as of June 30, 2020. 2. The Unauthorized Occupant shall move out of the rental unit on or before October 10, 2021. 2021 CanLII 129962 (ON LTB) File Number: TSL-16803-20 Order Page 3 of 3 3. The Unauthorized Occupant shall pay to the Landlord $18,172.70, which represents compensation for the use of the unit from July 2, 2020 to September 29, 2021. 4. The Unauthorized Occupant shall also pay to the Landlord $39.94 per day for compensation for the use of the unit from September 30, 2021 to the date they move out of the unit. 5. The Unauthorized Occupant shall also pay the Landlord $201.00 for the cost of filing the application. 6. The Unauthorized Occupant shall pay the Landlord the full amount owing by October 10, 2021. 7. If the Unauthorized Occupant does not pay the Landlord the full amount owing by October 10, 2021, she will owe interest. This will be simple interest calculated from October 11, 2021 at 2.00% on the outstanding balance. 8. If the unit is not vacated by October 10, 2021, then starting October 11, 2021, the Landlord may file this order with the Court Enforcement Office (the Sheriff), so that the eviction may be enforced. 9. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlord after October 11, 2021. 10. The Landlord’s L3 application is dismissed. September 29, 2021 Date Issued Debbie Mosaheb Member, Landlord and Tenant Board Toronto South-RO 15 Grosvenor Street, 1st Floor Toronto ON M7A 2G6

💡 Summary points

applied for an order to terminate the tenancy of Vincent Wong (the ‘Tenant’) and to evict Ariana Markle (AM), the unauthorized occupant occupying the unit, and for compensation for the use of the rental unit (A2 application). The Landlord also applied for an order to terminate the tenancy of the Tenant because the Tenant gave notice to terminate the tenancy (L3 application). This application was heard via video conference on August 26, 2021.
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🧑‍⚖️ Same adjudicator

Debbie Mosaheb

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