Case Study

Cossmann Management Inc. v Ortiz – LTB Eviction Order (2023 ONLTB 17752)

Consent eviction order for wilful damage and persistent late rent at 97 Garfield Ave S, Hamilton

🕑 Case timeline

Application Date: 2022 (file number suffix -22 indicates 2022 filing)

Hearing Date: January 25, 2023

Order Issued: January 30, 2023

Termination Date: March 1, 2023

Eviction Deadline: March 1, 2023

ℹ️ Case overview

Case Number: LTB-L-044852-22
Address: A, 97 Garfield Ave S, Hamilton ON L8M2S3
Form Used: Date not provided
Served By: Date not provided
Amount Awarded:
Decision In Favor: Landlord
Application Type: Eviction for wilful undue damage and persistent late payment of rent
RTA Sections: Section 69 – Application by landlord for termination of tenancy, Section 81 – Expiry of eviction order if not filed with Sheriff

👥 Parties involved

Landlord: Cossmann Management Inc.
Landlord Rep: Self Represented (Ijen Cossmann, Rachel Cossmann, Meghan Cossmann)
Tenant: Chesley Halleran and Gabriela Ortiz
Tenant Rep: Self Represented
Adjudicator: Alicia Johnson
Keywords: wilful damage, persistent late payment, consent order, eviction, Hamilton, Section 69, Residential Tenancies Act 2006

⚖️ Decision summary

Consent order granted terminating the tenancy effective March 1, 2023.
Sheriff enforcement authorized from March 2, 2023 if tenants fail to vacate.
No monetary award was included in this consent order.
The eviction order expires August 5, 2023 if not filed with the Sheriff before that date.

⚠️ Dispute summary

The tenants allegedly caused wilful or negligent undue damage to the rental unit at 97 Garfield Ave S, Hamilton.
The tenants were also alleged to have persistently paid their rent late throughout the tenancy.
The landlord sought both eviction and reimbursement for repair/replacement costs related to the damage.

📑 Findings & determinations

The tenancy was terminated by consent of both parties, with a vacate deadline of March 1, 2023.
If the unit was not vacated by March 1, 2023, the landlord was authorized to file the order with the Sheriff starting March 2, 2023.
The Court Enforcement Office (Sheriff) was directed to give vacant possession to the landlord on or after March 2, 2023.

💡 Summary points

Landlord applied to evict tenants for wilfully causing undue damage and persistently paying rent late.
Landlord also sought compensation for out-of-pocket costs to repair or replace damaged property.
All parties attended the videoconference hearing on January 25, 2023 and consented to the order.
No monetary amount was ordered in this consent order; the order focused solely on termination and eviction.
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🧑‍⚖️ Same adjudicator

Alicia Johnson