Case Study

LTB Order LTB-L-069572-25 – Eviction for Breach of Prior Order | Hamilton, ON

Cossmann Management Inc. vs. Keyaira Cadogan – Section 78 Eviction Order Issued August 29, 2025

🕑 Case timeline

Application Date: Date not provided (filed within 30 days of breach)

Hearing Date: No hearing held

Order Issued: August 29, 2025

Termination Date: September 9, 2025

Eviction Deadline: September 9, 2025

ℹ️ Case overview

Case Number: LTB-L-069572-25
Address: Upper, 97 Garfield Ave S, Hamilton, ON L8M2S3
Form Used: Section 78 application (no notice to tenant required)
Served By: Date not provided
Amount Awarded:
Decision In Favor: Landlord
Application Type: Eviction for breach of prior LTB order conditions (failure to keep the peace and be of good behaviour)
RTA Sections: Section 78 – Application without notice for breach of order conditions, Section 78(6) – Order under this subsection, Section 78(9) – Tenant's right to file motion to set aside within deadline, Section 81 – Expiry of eviction order if not filed with Sheriff

👥 Parties involved

Landlord: Cossmann Management Inc.
Landlord Rep: Self Represented
Tenant: Keyaira Cadogan
Tenant Rep: Self Represented
Adjudicator: Kelly Delaney
Keywords: Section 78, breach of order, eviction, good behaviour, residential complex, without hearing, Hamilton

⚖️ Decision summary

Order LTB-L-079108-24 is cancelled.
The tenancy is terminated effective September 9, 2025; the tenant must vacate by that date.
If the unit is not vacated, the landlord may file with the Court Enforcement Office (Sheriff) starting September 10, 2025.
The Sheriff is directed to give vacant possession of the unit to the landlord on or after September 10, 2025.
The eviction portion of the order expires on March 10, 2026, if not filed with the Sheriff by that date.

⚠️ Dispute summary

Landlord Cossmann Management Inc. applied under Section 78 of the Residential Tenancies Act, 2006 to terminate the tenancy at the upper unit of 97 Garfield Ave S, Hamilton.
The application was based on the tenant's failure to comply with conditions in order LTB-L-079108-24, specifically failing to keep the peace and be of good behaviour.
The application was filed within 30 days of the breach and was decided without a hearing.

📑 Findings & determinations

The prior order permitted the landlord to apply under Section 78 without notice if the tenant breached specified conditions.
The adjudicator found that the tenant breached the condition requiring her to keep the peace and be of good behaviour within the residential complex.
The application was filed within the required 30-day window following the breach.

💡 Summary points

The landlord filed a Section 78 application after the tenant breached conditions of a prior LTB order (LTB-L-079108-24) issued May 26, 2025.
The tenant failed to keep the peace and be of good behaviour within the residential complex.
The tenancy was terminated without a hearing; the tenant must vacate by September 9, 2025.
The tenant has until September 8, 2025, to file a motion to set aside the order under s. 78(9) of the Act.
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🧑‍⚖️ Same adjudicator

Kelly Delaney