Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Daley v. Linton, 2018 ONSC 5095
File Number: TNL-02092-18-RV
Hearing Date
Mar 2018
Order Date
Aug 28, 2018
The Divisional Court allowed the tenant's appeal of the LTB eviction order. The court found that the LTB made an error of law by not considering whether the N5 notice had been voided within the 7-day period, which is a mandatory finding for N5 evictions. The court set aside the eviction order due to this legal error.
Landlord applied to evict Tenant for substantially interfering with reasonable enjoyment and impairing safety. Tenant appealed LTB eviction order, arguing procedural errors and lack of mandatory findings under s. 64(3) of Residential Tenancies Act.
Landlord filed N5 and N7 notices claiming substantial interference with reasonable enjoyment and impairment of safety.
Tenant argued that the LTB failed to make a mandatory finding under s. 64(3) of the RTA regarding whether the offensive conduct stopped within 7 days of receiving the eviction notice.
Tenant allegedly engaged in disruptive behavior including shouting, banging on doors, flashing lights, and video-recording other tenants.
Tenant did not attend the initial LTB hearing, claiming he did not receive notice despite proof of service by mail.
Tenant allegedly shouted, banged on doors, banged glass bottles, flashed lights in tenants' eyes, and video-recorded tenants with his cellphone.
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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