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Case Study

Eviction Order for Landlord's Own Use

Daley v Linton, 2023 ONLTB 26279

🕑 Case timeline

Application Date: Date not provided

Hearing Date: June 10, 2021 and November 10, 2021

Order Issued: 2023-03-22

Termination Date: March 31, 2021

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-075856-22
Address: BASEMENT -UNIT 1, 10 COLLANUS COURT ETOBICOKE ON M9W6G5
Form Used: N12 Notice
Served By: Hand-delivered
Amount Awarded: Not specified
Decision In Favor: Landlord
Application Type: Eviction for landlord's own use
RTA Sections: Section 48.1, Section 55.1, Section 83(3)(a)

👥 Parties involved

Landlord: Gian Daley
Landlord Rep: Ravinder Bassi
Tenant: Fernando Linton
Tenant Rep: Kwang-Sheng Wen
Adjudicator: Not specified
Keywords: eviction, landlord's own use, compensation, good faith

⚖️ Decision summary

Eviction approved based on landlord's need for unit for daughter's use.
Compensation deemed paid appropriately.

⚠️ Dispute summary

Dispute over the timing of compensation payment related to an N12 notice.
Tenant argued compensation was late, affecting the validity of the eviction notice.

📑 Findings & determinations

Landlord acted in good faith requiring the unit for his daughter.
Tenant's claim of late compensation not sufficient to prevent eviction.

💡 Summary points

Landlord requires possession for daughter's residential use.
Tenant contested the timing of compensation payment.
Board found in favor of the landlord's claim.
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