Last updated: July 22, 2024
Ordered by Fabio Quattrociocchi,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$186
to Landlord
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Citation: 2763070 Ontario Ltd v Johnson, 2023 ONLTB 20608
File Number: LTB-L-016425-22
Hearing Date
Feb 2023
Order Date
Feb 15, 2023
Tenancy End Date
Feb 2023
The tenancy is terminated effective February 26, 2023. The Tenant must vacate the unit by this date or face enforcement by the Sheriff starting February 27, 2023. The Tenant is ordered to pay $186.00 to the Landlord for the cost of filing the application.
Landlord applied for termination of tenancy and eviction due to Tenant's substantial interference with reasonable enjoyment and wilful or negligent damage to the premises. The application was based on an N5 notice served on March 9, 2022.
Landlord argued that Tenant's failure to obtain insurance constitutes substantial interference based on the Stanbar Properties Ltd. v. Rooke case.
Landlord received noise complaints, inspected the unit, and discovered property damage. Landlord provided photographic evidence of damage.
Tenant caused excessive noise on January 13, 2022, and March 16, 2022. Tenant admitted to causing burn mark on the floor by spilling hot oil. Tenant failed to obtain required tenant/liability insurance.
Tenant failed to attend the hearing
Failure to attend hearing, repeated noise complaints, property damage, and non-compliance with insurance requirement
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Application Fee
$186
Damages
$400
Ordered Amount
$186 (to Landlord)
Click to switch between order outcomes
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LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
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