Case Study

Eviction — Set aside · Oshawa · TEL-16817-21

Ontario LTB order in Oshawa · Granted

🕑 Case timeline

Application Date: Not Available

Hearing Date: Not Available

Order Issued: Not Available

Termination Date: July 31, 2021

Eviction Deadline: Not Available

ℹ️ Case overview

Case Number: TEL-16817-21
Address: 804 rodney court, oshawa on l1g6v7
Decision In Favor: Landlord
Application Type: Eviction — Set aside
RTA Sections: Section 77

👥 Parties involved

Landlord: Sharon linton and Anthony linton
Landlord Rep: Self Represented
Tenant: Jennifer sarazin gillespie and Jimmy mccarthy
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 Tenants is terminated. The Tenants must move out of the rental unit on or before July 31, 2021. 2. If the unit is not vacated on or before July 31, 2021, then starting August 1, 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 August 1, 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 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 14, 2021 Michael Di Salle Date Issued Michael Di Salle Member, Landlord and Tenant Board 2021 CanLII 91246 (ON LTB) Order Page 2 of 2 File Number: TEL-16817-21 Toronto East-RO 2275 Midland Avenue, Unit 2 Toronto ON M1P3E7 The tenant has until May 24, 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 24, 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 Jimmy McCarthy and Jennifer Sarazin Gillespie (the 'Tenants') because the Tenants gave a notice to terminate the tenancy.
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🧑‍⚖️ Same adjudicator

Michael Di Salle

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Eviction — Set aside