Case Timeline
Application Date: January 14, 2022
Hearing Date: March 9, 2023
Order Issued: March 29, 2023
Termination Date: March 23, 2021
Eviction Deadline: Not specified
Case Overview
Case Number: LTB-T-002665-22
Address: 609, 120 CUMBERLAND ST S, THUNDER BAY ON P7B5R7
Form Used: Letter dated March 23, 2021
Served By: Landlord
Amount Awarded: Not specified
Decision In Favor: Not specified
Application Type: Application for Determination of Unlawful Lock Change and Substantial Interference
RTA Sections: Section 19 - Frustration of Contract, Section 29(1) - Application for an order determining unlawful act
Parties Involved
Landlord: Thunder Bay District Social Services Administration Board
Landlord Rep: Betty McConkey-Kennelly
Tenant: Candace Matinet
Tenant Rep: Molly MacDonald
Adjudicator: Not specified
Keywords: lock change, substantial interference, reasonable enjoyment, unlawful termination
Decision Summary
Board reviewed evidence of lock change and tenancy termination.
Consideration of whether contract frustration applies is pending.
Dispute Summary
Tenant filed a T2 application claiming unlawful lock change and substantial interference.
Landlord responded claiming the tenancy contract was frustrated due to an unforeseeable fire.
Findings & Determinations
All allegations considered timely as they occurred less than one year before the application.
Fire was an unforeseeable event not the fault of either party, potentially justifying contract frustration.
Summary Points
Tenant alleges locks were changed without replacement keys provided.
Landlord claims tenancy was terminated due to contract frustration after a fire.
Tenant barred from community housing due to a deductible charged for fire damages.
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