Case Study

Eviction — Set aside · Orillia · CEL-00292-21

Ontario LTB order in Orillia · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: Not Available

Termination Date: May 29, 2021

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: CEL-00292-21
Address: apt 3, 55 matchedash street south, orillia, on l3v4w6
Decision In Favor: Landlord
Application Type: Eviction — Set aside
RTA Sections: Section 77

👥 Parties involved

Landlord: Evelyn tigwell and Robert tigwell
Landlord Rep: Self Represented
Tenant: Grant pattenden
Tenant Rep: Self Represented
Adjudicator: Michael Di Salle
Keywords: eviction, set aside

⚖️ Decision summary

This Landlord application — Eviction — Set aside — was granted.

📑 Findings & determinations

It is ordered that: 1. The tenancy between the Landlords and the Tenant is terminated. The Tenant must move out of the rental unit on or before May 29, 2021. 2. If the unit is not vacated on or before May 29, 2021, then starting May 30, 2021, the Landlords may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. 3. Upon receipt of this order, the Court Enforcement Office (Sheriff) is directed to give vacant possession of the unit to the Landlords on or after May 30, 2021. 4. This order terminates the tenancy and permits the Landlord to file the order with Court Enforcement Office (Sheriff) to evict the Tenant. However, as of the date this order was issued, the Sheriff cannot enforce this order as a result of Ontario Regulation 266/21 made under the Emergency Management and Civil Protection 2021 CanLII 88468 (ON LTB) Order Page 2 of 2 File Number: CEL-00292-21 Act on April 8, 2021. The Tenant cannot be evicted from the rental unit while this regulation is in force. Eviction by the Sheriff may occur after the regulation is removed by the Ontario Government. Further information is available on the LTB’s website. May 18, 2021 Michael Di Salle Date Issued Michael Di Salle Member, Landlord and Tenant Board Central-RO 3 Robert Speck Pkwy, 5th Floor Mississauga ON L4Z2G5 The tenant has until May 28, 2021 to file a motion with the Board to set aside the order under s. 77(6) of the Act. If the tenant files the motion by May 28, 2021 the order will be stayed and the Board will schedule a hearing.

💡 Summary points

applied for an order to terminate the tenancy and evict Grant Pattenden (the 'Tenant') because the Tenant entered into an agreement to terminate the tenancy.
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🧑‍⚖️ Same adjudicator

Michael Di Salle

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Eviction — Set aside