Case Study

Eviction Order for Landlord's Personal Use and Substantial Interference

LTB Order Review - Carolyn Johnson and Deborah Hattie vs Dwayne Heyink

🕑 Case timeline

Application Date: Date not provided

Hearing Date: March 9, 2023

Order Issued: March 21, 2023

Termination Date: April 30, 2023

Eviction Deadline: April 30, 2023

ℹ️ Case overview

Case Number: LTB-L-039594-22

Address: 2, 15661 Hwy 35, Algonquin Highlands ON K0M1J2

Form Used: N5 and N12

Served By: Landlord

Amount Awarded: $27.14

Decision In Favor: Landlord

Application Type: Eviction for landlord's personal use and substantial interference

RTA Sections: s.64(3), s.72(1), s.106(10), s.83(1)(b), s.83(2)

👥 Parties involved

Landlord: Carolyn Johnson and Deborah Hattie

Landlord Rep: Self Represented

Tenant: Dwayne Heyink

Tenant Rep: Self Represented

Adjudicator: Sandra Macchione

Keywords: eviction, landlord's personal use, substantial interference, termination notice, N5, N12

⚖️ Decision summary

Tenancy terminated effective April 30, 2023.
Tenant must vacate or face enforcement by Sheriff.

⚠️ Dispute summary

Tenant interfered with landlord's enjoyment by not removing personal items.
Landlord requires unit for personal use.

📑 Findings & determinations

Landlord proved grounds for eviction on balance of probabilities.
Tenant did not contest landlord's intention to occupy.

💡 Summary points

Eviction granted for substantial interference and landlord's need for personal use.
Termination notices N5 and N12 were properly served.
Eviction postponed to April 30, 2023, to allow tenant time to find alternate accommodation.

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