Case Study

Eviction — Illegal act · Toronto · LTB-L-006796-23

Ontario LTB order in Toronto · January 10, 2024 · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: December 11, 2023

Order Issued: January 10, 2024

Termination Date: Not Available

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: LTB-L-006796-23
Address: 17, 41 D'ARCY ST TORONTO ON M5T1J8
Form Used: N6
Served By:
Amount Awarded: $2,390.00
Decision In Favor: Landlord
Application Type: Eviction — Illegal act
RTA Sections: Section 69, Section 89, Section 78, Section 83

👥 Parties involved

Landlord: Toronto Community Housing Corporation
Landlord Rep: Self Represented
Tenant: William Berry
Tenant Rep: Self Represented
Adjudicator: Kelly Delaney
Keywords: eviction, illegal act, damage to property, rent deposit, maintenance and repairs

⚖️ Decision summary

This Landlord application — Eviction — Illegal act — was granted.

⚠️ Dispute summary

📑 Findings & determinations

It is ordered that: 1. For the remainder of the tenancy the Tenant shall abide by the following conditions: a) The Tenant shall not engage in any verbal altercation with other tenants or agents of the landlord on the residential complex to include, but not limited to, yelling, cursing, threatening. b) The Tenant shall not engage in any physical altercation with any other tenants or agent of the Landlord on the residential complex. c) The Tenant shall not store any construction tools in the rental unit to include but not limited to the following groups: striking tools, cutting tools, boring tools, torsion tools, measuring tools and holding tools. 2024 ONLTB 1146 (CanLII) File Number: LTB-L-006796-23 Order Page 8 of 8 d) The Tenant shall not use any of the tools outlined in paragraph 3 in the rental unit or on the rental complex property. 2. The Tenant shall pay to the Landlord $2,204.00, which represents the reasonable costs of replacing the damaged property. 3. The Tenant shall also pay to the Landlord $186.00 for the cost of filing the application. 4. The total amount the Tenant owes the Landlord is $2,390.00. 5. If the Tenant shall pay the Landlord the full amount owing on or before February 29, 2024. 6. If the Tenant fails to make the payment in accordance with this order or fails to abide by any of the conditions set out in paragraphs 1-4 the Landlord may, without notice to the Tenant, apply to the LTB within 30 days of the Tenant's breach pursuant to section 78 of the Act for an order terminating the tenancy and evicting the Tenant. January 10, 2024 ___________________...

💡 Summary points

applied for an order requiring William Berry (the 'Tenant') to pay the Landlord's reasonable out-of-pocket costs the Landlord has incurred or will incur to repair or replace undue damage to property. The damage was caused wilfully or negligently by the Tenant, another occupant of the rental unit or someone the Tenant permitted in the residential complex. This application was heard by videoconference on December 11, 2023 at 1:00 pm.
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🧑‍⚖️ Same adjudicator

Kelly Delaney

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