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Case Study

Eviction Order for Personal Use - Jarata v Black

LTB Order for Vacant Possession and Compensation

🕑 Case timeline

Application Date: June 23, 2022

Hearing Date: March 22, 2023

Order Issued: April 4, 2023

Termination Date: April 15, 2023

Eviction Deadline: April 15, 2023

ℹ️ Case overview

Case Number: LTB-L-044193-22
Address: Basement, 310 TIMBERBANK BLVD, SCARBOROUGH ON M1W2J4
Form Used: N12
Served By: Landlord
Amount Awarded: $4,671.03
Decision In Favor: Landlord
Application Type: Eviction for personal use of property
RTA Sections: Section 69, Subsection 83(1), Subsection 83(2)

👥 Parties involved

Landlord: Joven Jarata, Mary joy Retuta, Tony Flor rico retuta, Vida Gail
Landlord Rep: Agatha Small
Tenant: Kevin Black
Tenant Rep: Self Represented
Adjudicator: Kelly Delaney
Keywords: eviction, personal use, compensation, non-appearance, good faith

⚖️ Decision summary

Tenancy terminated.
Tenant must vacate by April 15, 2023.
Compensation awarded for period of overholding.

⚠️ Dispute summary

Landlord seeks eviction for personal use.
Claim for compensation for overholding.

📑 Findings & determinations

Landlord's need for unit proven on balance of probabilities.
Compensation for overholding justified.

💡 Summary points

Landlord requires the rental unit for personal residential occupation.
Tenant failed to appear at the hearing.
Tenant ordered to pay daily compensation for continued occupation.
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🧑‍⚖️ Same adjudicator

Kelly Delaney

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Eviction for personal use of property