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Case Study

Eviction Order Analysis for Noise Complaints

LTB Case LTB-L-032033-22 Review

🕑 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

ℹ️ 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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