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LTB Decision on Tenant's Complaint Against Landlord for Harassment and Illegal Entry

Case LTB-T-007263-22 – Zhang v Lu

Case Timeline

Application Date: Date not provided
Hearing Date: July 11, 2023
Order Issued: November 28, 2023
Termination Date: November 30, 2023
Eviction Deadline: November 30, 2023

Case Overview

Case Number: LTB-T-007263-22
Address: Basement, 128 Kingston Road Newmarket ON L3Y5W7
Form Used: Not specified
Served By: Not specified
Amount Awarded: $0
Decision In Favor: Tenant
Application Type: Tenant application for illegal entry, harassment, and interference with services
RTA Sections: Section 31 of the Residential Tenancies Act, 2006, Subsection 5(i) of the Residential Tenancies Act, 2006

Parties Involved

Landlord: Fengxing Lu
Landlord Rep: Zilan Wu
Tenant: Jiao Zhang
Tenant Rep: Amy Long
Adjudicator: Not specified
Keywords: illegal entry, harassment, interference with services, res judicata, exempt tenancy

Decision Summary

The tenant's application was upheld.
No monetary compensation was awarded.
The landlord's claims of an exempt tenancy were rejected.

Dispute Summary

Tenant alleges landlord entered the rental unit illegally and harassed the tenant.
Landlord's agent claimed the tenancy was exempt from the Act due to shared facilities.

Findings & Determinations

Res judicata does not apply as the previous cases involved different issues.
Tenancy is not exempt under the Act despite landlord's claim.

Summary Points

Tenant Jiao Zhang filed a complaint against landlord Fengxing Lu for illegal entry and harassment.
The case was heard via videoconference.
The adjudicator did not apply res judicata, allowing the tenant's claims to proceed.
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