Case Study

Eviction for non-payment of rent · Kingston · LTB-L-101632-23

Ontario LTB order in Kingston · March 4, 2024 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: February 21, 2024

Order Issued: March 4, 2024

Termination Date: March 31, 2024

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-101632-23
Address: upper unit - 1229 brackenwood cres kingston on k7p 2w4
Form Used: N4
Served By:
Amount Awarded: $35,372.00
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent
RTA Sections: Section 69, Section 83

👥 Parties involved

Landlord: michelle marie kirwin
Landlord Rep: Self Represented
Tenant: daniel leblanc, baliee wilkinson
Tenant Rep: Self Represented
Adjudicator: Emily Robb
Keywords: eviction, non-payment of rent, rent deposit, rent arrears

⚖️ Decision summary

This Landlord application — Eviction for non-payment of rent — was granted.

⚠️ Dispute summary

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlord and the Tenant is terminated unless the Tenant voids this order. 2. The Tenant may void this order and continue the tenancy by paying to the Landlord or to the LTB in trust: • $35,372.00* if the payment is made on or before March 31, 2024. See Schedule 1 for the calculation of the amount owing. This amount exceeds the monetary jurisdiction of the Board. This is an amount that the Tenant can choose to pay if they choose not to vacate the rental unit. The Board is not ordering this amount to be paid. This amount is optional and only required if the Tenant elects to remain in the rental unit. Therefore, the Board is not ordering this amount to be paid and is not ordering an amount that exceeds the limit. 3. The Tenant may also make a motion at the LTB to void this order under section 74(11) of the Act, if the Tenant has paid the full amount owing as ordered plus any additional rent that became due after March 31, 2024 but before the Court Enforcement Office (Sheriff) enforces the eviction. The Tenant may only make this motion once during the tenancy. 4. If the Tenant does not pay the amount required to void this order the Tenant must move out of the rental unit on or before March 31, 2024 File Number: LTB-L-101632-23 Order Page 3 of 5 5. If the Tenant does not void the order, the Tenant shall pay to the Landlord $29,340.56. This amount includes rent arrears owing up to the date of the hearing and the cost of filing the application. The rent deposit and interest the Landlord owes on the rent deposit are deducted from the a...

💡 Summary points

applied for an order to terminate the tenancy and evict Daniel Leblanc and Baliee Wilkinson (the 'Tenant') because the Tenant did not pay the rent that the Tenant owes. This application was heard by videoconference on February 21, 2024.
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🧑‍⚖️ Same adjudicator

Emily Robb

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