Tenant Wins Eviction Delay: Jewell v Holland 2024 LTB Case
87-year-old tenant secures eviction delay after successful review of original LTB order
Summarized by RentZenLast updated: November 14, 2024
Case Summary
713 Hall Pl, Thunder Bay, ON P7E2C7
Dispute resolved in
agreement
Previous Order
Overturned
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Nov 2023
Hearing Date
Aug 2024
Order Date
Aug 28, 2024
Tenancy End Date
Oct 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. Tenant requested a review of the original order, claiming she did not receive notice of the initial hearing.
Determinations
- Original order issued without Tenant's participation
- Tenant's mail forwarded to OPGT
- Tenant did not receive hearing notice
- Review request granted
- Matter heard de novo
Case Study
Review granted due to Tenant not receiving hearing notice, with mail being forwarded to Ontario Public Guardian and Trustee.
Arguments and Actions
Landlord
Actions
Intends to sell rental unit once tenant vacates
Aggravating Factors
Struggling to pay mortgage and taxes without full rental income
Tenant
Arguments
Obtained legal aid assistance to reduce garnishment and access social security funds
Actions
Tenant is 87 years old, has resided in property for 15 years, income insufficient to pay rent
Aggravating Factors
Ongoing CRA garnishment, insufficient income
Decision Summary
Tenant granted review of original order. Eviction delayed until October 31, 2024, to allow Tenant time to resolve financial issues and secure alternate housing.
Reason for Eviction Relief
Tenant is 87 years old, has lived in unit for 15 years, experiencing financial hardship
Adjudicator Details
LTB Member
Total Orders
568
Landlord Favorable
87.3%
Tenant Favorable
9.7%
Mutual Agreement
3.0%
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Financial Details
Lawful Rent
$1,375
Rent Arrears
$14,225
Application Fee
$186
Rent Deposit
$1,375
Deposit Interest
$54
Total Owing
$12,466 (Owed to Landlord)
Source
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