Boutziouvis v Q************** Haining
Last updated: July 26, 2024
Order
Ordered by Randy Aulbrook,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Agree with the ruling?
Citation: Boutziouvis v Quartz-Belisle, Haining, 2021 CanLII 152587 (ON LTB)
File Number: HOL-10254-21
Timeline
Order Date
Feb 18, 2021
Hearing Date
Oct 2021
Decision
The Landlord's application for damages was dismissed as the evidence provided was insufficient to meet the burden of proof.
Dispute
Landlord applied for an order to terminate the tenancy and evict Tenants due to undue damage to the rental unit or residential complex. The Tenants had already vacated the unit prior to the hearing.
Determinations
- Tenants vacated the rental unit on June 27, 2021
- Landlord's application to end tenancy and evict Tenants is moot
- Landlord failed to provide sufficient evidence to prove the amount of damages
Landlord's Arguments
Tenant's Arguments
Actions and Evidence
Tenants vacated the rental unit on June 27, 2021.
Similar Cases
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The LTB ordered the Tenant to pay for property damage and application fees, offset by excess rent deposit held by the Landlord.
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The LTB terminated the tenancy and ordered eviction due to substantial interference, property damage, and safety impairment, while granting a delayed eviction date under s. 83(1)(b).
Valdez v Curtis and Dunn
An LTB adjudicator ordered the Tenants to pay $442.86 for unpaid utilities and the application fee, while dismissing the Landlord's property damage claim due to insufficient evidence.
The Landlord and Tenant Board denied the Tenants' review request, confirming the original order requiring the Tenants to pay for property damage and filing fees.
Lam v 1000768931 Ontario Corporation
The LTB ordered the Tenant to pay for property damage and application fees, offset by excess rent deposit held by the Landlord.
Toronto Community Housing Corporation v Godson
The LTB terminated the tenancy and ordered eviction due to substantial interference, property damage, and safety impairment, while granting a delayed eviction date under s. 83(1)(b).
Valdez v Curtis and Dunn
An LTB adjudicator ordered the Tenants to pay $442.86 for unpaid utilities and the application fee, while dismissing the Landlord's property damage claim due to insufficient evidence.
The Landlord and Tenant Board denied the Tenants' review request, confirming the original order requiring the Tenants to pay for property damage and filing fees.
Lam v 1000768931 Ontario Corporation
The LTB ordered the Tenant to pay for property damage and application fees, offset by excess rent deposit held by the Landlord.
Toronto Community Housing Corporation v Godson
The LTB terminated the tenancy and ordered eviction due to substantial interference, property damage, and safety impairment, while granting a delayed eviction date under s. 83(1)(b).
Valdez v Curtis and Dunn
An LTB adjudicator ordered the Tenants to pay $442.86 for unpaid utilities and the application fee, while dismissing the Landlord's property damage claim due to insufficient evidence.
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Hofberg Holdings Limited v Fuller
The LTB ordered the former tenant to pay the landlord $3,012.99 for property damage and rent arrears.
Gilmour v Donkersgoed
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Farmin v Rodriguez
The Landlord and Tenant Board granted a review order terminating the tenancy for property damage and ordering the tenant to pay repair compensation, while postponing the eviction date.
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