Case Study

Eviction — Interference with reasonable enjoyment · Other · LTB-L-005848-23

Ontario LTB order in Other · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: March 20, 2024

Order Issued: Not Available

Termination Date: Not Available

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-005848-23
Address: 306, 22A BELVEDERE AVE PARRY SOUND ON P2A2A1
Form Used: N5
Served By:
Amount Awarded: $186.00
Decision In Favor: Landlord
Application Type: Eviction — Interference with reasonable enjoyment
RTA Sections: Section 69, Section 78, Section 83

👥 Parties involved

Landlord: Parry Sound District Housing Corporation
Landlord Rep: Self Represented
Tenant: Richard Smith
Tenant Rep: Self Represented
Adjudicator: Trish Carson
Keywords: eviction, interference with reasonable enjoyment

⚖️ Decision summary

This Landlord application — Eviction — Interference with reasonable enjoyment — was granted.

⚠️ Dispute summary

📑 Findings & determinations

It is ordered that: 1. The Landlord’s application for eviction of the Tenant is denied on that condition that the Tenant shall: a) Refrain from any inappropriate behaviour or acts of profanity directed to the security camera included but not limited to giving the middle finger to the security camera. 2. The conditions set out in Paragraph 1(a) will be in place for a period of one year from the date of this order. 3. On or before April 4, 2024, the Tenant shall also pay the Landlord $186.00 for the cost of filing this application. 2024 ONLTB 22352 (CanLII) File Number: LTB-L-005848-23 Order Page 4 of 4 4. If the Tenant does not pay the Landlord the full amount owing on or before April 4, 2024, the Tenant will start to owe interest. This will be simple interest calculated from April 5, 2024 at 7.00% annually on the balance outstanding. 5. If the Tenant fails to comply with the conditions set out in paragraph 1(a) of this order, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 (the ‘Act') for an order terminating the tenancy and evicting the Tenant. The Landlord must make the application within 30 days of a breach of a condition. This application is made to the LTB without notice to the Tenant. March 28, 2024 Date Issued Trish Carson Member, Landlord and Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6

💡 Summary points

applied for an order to terminate the tenancy and evict Richard Smith (the 'Tenant') because:  the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord or another tenant. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date. This application was heard by videoconference on March 20, 2024.
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🧑‍⚖️ Same adjudicator

Trish Carson

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