mehta v ARMSTRONG

Last updated: June 3, 2025

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Order

Ordered by Inderdeep Padda,Tribunals Ontario  under Section 69, Residential Tenancies Act, 2006

Order Date: February 24, 2025
Unit ***, 1663 nash road, COURTICE, ON L1E1A8
Contested Dispute

Decision in favor of

Tenant

Dispute Categories

Notices Sent

N5

Subsections of RTA Quoted

68
ContentionModerate

Agree with the ruling?

Citation: mehta v ARMSTRONG, 2025 ONLTB 14583

File Number: LTB-L-052852-24

Timeline

Application Date

Jul 2024

6 months

Hearing Date

Jan 2025

2 months

Order Date

Feb 24, 2025

Decision

The Landlord's application is dismissed as the Landlord failed to provide direct evidence to support the allegations of substantial interference by the Tenant. The Landlord's hearsay evidence was not found to be necessary and reliable.

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Dispute

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's dog attacking another tenant's dog and not muzzling the dog as required. The Landlord also claimed compensation for expenses related to the Tenant's conduct.

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Determinations

  • Landlord filed application on July 3, 2024
  • Tenant was in possession on application date
  • Landlord gave Tenant first N5 notice on May 22, 2024
  • Landlord gave Tenant second N5 notice on June 24, 2024
  • Landlord did not summon director who witnessed incident to testify
  • Landlord's hearsay evidence not necessary and reliable
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Landlord's Arguments

Tenant's Arguments

Actions and Evidence

Tenant's dog attacked another tenant's dog in the residential complex. Tenant was required to muzzle her dog on the property.

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