Case Study

LTB Order LTB-L-029055-26 – Eviction by Consent, London ON

First Choice Property Management v. Brandi Cosby, Carolynn Cosby & Ernie Kovach – Substantial Interference, Non-Voidable Termination

🕑 Case timeline

Application Date: Date not provided

Hearing Date: July 20, 2026

Order Issued: July 29, 2026

Termination Date: August 9, 2026

Eviction Deadline: August 9, 2026

ℹ️ Case overview

Case Number: LTB-L-029055-26
Address: 206, 1172 Hamilton Rd, London ON N5W1A9
Form Used: Date not provided
Served By: Date not provided
Amount Awarded:
Decision In Favor: Landlord
Application Type: Eviction for substantial interference with reasonable enjoyment
RTA Sections: Section 69 – Application by landlord for eviction based on substantial interference, Section 81 – Expiry of eviction order if not filed with Sheriff within prescribed period

👥 Parties involved

Landlord: First Choice Property Management
Landlord Rep: Lindsey Branje
Tenant: Brandi Cosby, Carolynn Cosby, Ernie Kovach
Tenant Rep: Self Represented (Tenant Duty Counsel declined)
Adjudicator: Helen Giannini
Keywords: substantial interference, consent order, non-voidable termination, mediation, eviction, Section 69, residential tenancy

⚖️ Decision summary

Order issued July 29, 2026 by Hearings Officer Helen Giannini on consent of both parties.
Tenancy terminated effective August 9, 2026; Sheriff may enforce on or after August 10, 2026.
The eviction portion of the order expires February 10, 2027 if not filed with the Court Enforcement Office by that date.
No financial compensation was awarded to either party.

⚠️ Dispute summary

Landlord alleged that the tenants, an occupant, or someone permitted by the tenants substantially interfered with the reasonable enjoyment or lawful rights of the landlord or another tenant.
The matter proceeded to LTB-facilitated mediation prior to the scheduled hearing, resulting in a mutually agreed consent order.
Tenant Carolynn Cosby was the only tenant present; the Tenant declined to speak with Tenant Duty Counsel before agreeing to terms.

📑 Findings & determinations

The tenancy is terminated by consent; the order is non-voidable, meaning the tenant cannot void it by paying arrears or remedying the issue.
Tenants must vacate unit 206, 1172 Hamilton Rd, London ON no later than August 9, 2026.
If the unit is not vacated by August 9, 2026, the Landlord may file the order with the Court Enforcement Office (Sheriff) starting August 10, 2026 to enforce eviction.

💡 Summary points

Landlord applied under Section 69 of the Residential Tenancies Act, 2006 to evict tenants for substantially interfering with the reasonable enjoyment or lawful rights of the landlord or another tenant.
Hearing was held by video conference on July 20, 2026; Tenant Carolynn Cosby attended while the other tenants did not appear.
Parties participated in LTB facilitated mediation and mutually agreed to resolve the matter by consent, without a contested hearing.
The tenancy was terminated on a non-voidable basis with a vacate deadline of August 9, 2026.
No monetary compensation was ordered as part of the consent agreement.
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🧑‍⚖️ Same adjudicator

Helen Giannini