Case Timeline
Application Date: Date not provided
Hearing Date: 2023-02-06
Order Issued: 2023-02-21
Termination Date: March 4, 2022
Eviction Deadline: March 4, 2022
Case Overview
Case Number: LTB-L-032033-22
Address: Main Floor, 21 Caracas Rd, Toronto, Toronto M2K1A8
Form Used: N5
Served By: Landlord
Amount Awarded: Not specified
Decision In Favor: Tenant
Application Type: Eviction for substantial interference with reasonable enjoyment
RTA Sections: Section 64(1) and (3), Section 68
Parties Involved
Landlord: Al Finlayson, Carol Finlayson
Landlord Rep: Self Represented
Tenant: Alireza Torabi Forsani, Chakameh Hassanaziz
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: eviction, substantial interference, reasonable enjoyment, N5 notice, conditional relief
Decision Summary
Eviction not granted due to conditional relief; noise confirmed but no substantial evidence on thermostat issue.
Dispute Summary
Landlords reported excessive noise and tampering with the thermostat.
Tenants disputed the thermostat tampering and argued noise levels were not excessive.
Findings & Determinations
Tenant substantially interfered with enjoyment due to noise.
Insufficient evidence to prove thermostat tampering by Tenants.
Summary Points
Landlords sought eviction based on substantial interference with reasonable enjoyment due to noise and alleged tampering with thermostat.
Two N5 notices were issued with specific termination dates.
Evidence of noise was corroborated, but not for thermostat tampering.
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