1620722 ONTARIO INC. v Aagaou

Last updated: September 12, 2024

Order

Ordered by Peter Pavlovic,Tribunals Ontario  under Section 69, Residential Tenancies Act 2006

Order Date: August 11, 2023
Unit ***, 1260 Broadview Ave East, York, ON M4K2T4
Contested Dispute

Decision in favor of

Tenant

Ordered Amount

-

Notices Sent

Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use (N13)Notice to End your Tenancy For Interfering with Other, Damage or Overcrowding (N5)
ContentionModerate

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Citation: 1620722 ONTARIO INC. v Aagaou, 2023 ONLTB 55918

File Number: LTB-L-064670-22

Timeline

Application Date

Dec 2022

5 months

Hearing Date

May 2023

2 months

Order Date

Aug 11, 2023

Decision

The landlord's application is dismissed.

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Dispute

The landlord applied for an order to terminate the tenancy and evict the tenant due to substantial interference with the landlord's reasonable enjoyment or lawful right, privilege or interest, and the landlord's need for vacant possession to do major repairs or renovations to the rental unit.

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Determinations

  • Landlord served N13 notice of termination with termination date of February 28, 2023
  • Landlord did not provide required three-month compensation to tenant
  • Tenant's conduct did not substantially interfere with landlord's reasonable enjoyment or another lawful right, privilege or interest
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Landlord's Arguments

Arguments

The Landlord's submission is that the Tenant is in arrears of rent which can be considered compensation.

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Actions and Evidence

The Landlord claims that there may have been a discussion, test messages between the parties, regarding compensation and was given ample time to locate and submit evidence to the Board supporting their claim however was unable to do so.

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Tenant's Arguments

Arguments

The Tenant disputes receiving any sort of compensation.

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