Case Study

Eviction application · Kitchener · SWL-44407-20

Ontario LTB order in Kitchener · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: Not Available

Termination Date: Not Available

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: SWL-44407-20
Address: 301, 84 wilson avenue, kitchener, on n2c 1g6
Amount Awarded: $190.00
Decision In Favor: Landlord
Application Type: Eviction application
RTA Sections: Section 69, Section 78, Section 83

👥 Parties involved

Landlord: Waterloo region housing
Landlord Rep: Self Represented
Tenant: Maria magalhaes
Tenant Rep: Self Represented
Adjudicator: Donald MacVicar
Keywords: eviction

⚖️ Decision summary

This Landlord application — Eviction application — was granted.

📑 Findings & determinations

It is ordered that: 1. The Landlord’s application for eviction of the Tenant is denied on the condition that: a) The Tenant shall totally abstain from committing any act of violence as against another tenant of the residential complex, and guests of such persons, any agent/employee of the Landlord or guests of the Landlord or anyone else lawfully on the grounds of, or within, the residential complex; b) The reference to violence above is to be given a broad and expansive meaning and include unconsented to touching that may not cause bodily harm or injury of any kind; and c) Furthermore, the Tenant shall totally abstain from uttering any threat(s) of violence against any of the persons described in paragraph 1a above. 2. For the period from the date of this order to and including May 12, 2022, should the Tenant fail to comply with the conditions set out in paragraph 1 above, then, within 30 days of the breach, 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. 3. The Tenant shall pay to the Landlord $190.00 for the cost of filing the application. 4. If the Tenant does not pay the Landlord the full amount owing on or before May 31, 2021, the Tenant will start to owe interest. This will be simple interest calculated from June 1, 2021 at 2.00% annually on the balance outstanding. 2021 CanLII 90140 (ON LTB) File Number: SWL-44407-20 Order Page 3 of 3 May 13, 2021 Date Issued Donald MacVicar Member, Landlord and Tenant Board South West-RO 150 Dufferin Avenue, Suite 400, 4th Floor...

💡 Summary points

applied for an order to terminate the tenancy and evict Maria Magalhaes (the 'Tenant') because the Tenant has seriously impaired the safety of any person. This application was heard by video hearing on March 29, 2021.
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🧑‍⚖️ Same adjudicator

Donald MacVicar

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Eviction application