Last updated: July 22, 2024
Ordered by Peter Nicholson,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Water Peterborough Properties Inc v Madden, 2022 ONLTB 13823
File Number: LTB-L-044456-22-SA
Hearing Date
Oct 2022
Order Date
Dec 7, 2022
The Board granted the tenants' motion to set aside the eviction order, finding that there was no valid agreement to terminate the tenancy and that it would not be unfair to set aside the order given the circumstances.
The landlord applied for an order to terminate the tenancy and evict the tenants because the tenants entered into an agreement to terminate the tenancy. The tenants filed a motion to set aside the eviction order.
Landlord's agent Linda Langlois denied issuing any threats or undue pressure, stating she merely advised the landlord could apply to court for their eviction due to an unauthorized assignment, and that she only had an hour because she had another appointment to attend to.
Landlord's agent pressured tenants to sign N11 form within an hour or face eviction
Tenants argued that they were not given a reasonable opportunity to obtain independent legal representation and/or a reasonable opportunity to inform themselves of their rights at the time of signing the N11 form.
Tenant David Madden (DM) signed N11 form under 'threats and misinformation', stating he was crying and nearly had a nervous breakdown and requested more time to assess his rights. Tenant Gloria Madden (GM) signed the N11 form out of anger for how they were being treated.
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