Last updated: July 22, 2024
Ordered by Diane Wade,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Hastings Local Housing Corp. v Davidson, 2022 CanLII 63640 (ON LTB)
File Number: TEL-19551-21
Hearing Date
Jan 2022
Order Date
Jan 26, 2022
The Landlord's application is dismissed without prejudice.
Landlord applied for an order to terminate the tenancy and evict Tenant due to allegations that the Tenant or someone living in the unit substantially interfered with another tenant's or the Landlord's reasonable enjoyment of the residential complex, and was carrying on an illegal act or illegal business in the residential complex.
The Landlord testified that on August 10, 2021, he was contacted by another tenant, Richard Davidson, that a package that had been delivered for him was missing from the mail area. The Landlord checked the video and saw that the Tenant had gone into the mailroom and taken the package. The next incident testified to occurred on September 10, 2021.
The N6 notice of termination did not contain any specific details as to the alleged illegal act or business, and the Tenant was not given the case to meet.
Based on the Landlord's testimony, the N5 notice was voided, therefore any subsequent behaviour should have been on a 2nd N5 notice. As the application is based on a 1st N5 notice, it must be dismissed.
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