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Eviction Order Review for Non-payment with Maintenance Issues

LTB Case LTB-L-074761-22-RV Decision

Case Timeline

Application Date: Date not provided
Hearing Date: 2022-08-16, 2022-09-02, 2022-10-20
Order Issued: 2023-01-30
Termination Date: Date not provided
Eviction Deadline: Date not provided

Case Overview

Case Number: LTB-L-074761-22-RV
Address: 114 JARVIS STREET, CORNWALL ONTARIO K6H5J2
Form Used: N4 Notice
Served By: Landlord
Amount Awarded: $19,986.00
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: 83(3)(a)

Parties Involved

Landlord: Abdul Baqi
Landlord Rep: James Moak (Agent), Denis Sabourin (Legal Representative)
Tenant: Olivier Lajoie
Tenant Rep: Duty Counsel
Adjudicator: Not specified
Keywords: eviction, non-payment, rent arrears, maintenance issues, review hearing, serious breach

Decision Summary

Review granted due to procedural oversight in initial hearing.
Eviction order stayed pending further review of maintenance issues.

Dispute Summary

Tenant claims serious maintenance issues as defense against eviction.
Landlord argues compliance with legal obligations and disputes seriousness of claims.

Findings & Determinations

Board erred in not seeking submissions on s. 83(3)(a) regarding maintenance issues.
Tenant's claims of maintenance issues partially substantiated by evidence.
Landlord made some repairs; others still pending.

Summary Points

Tenant withheld rent due to unresolved maintenance issues.
Landlord filed for eviction due to non-payment.
Review hearing found initial hearing did not adequately address tenant's claims under s. 83(3)(a) of the RTA.
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