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Case Study

LTB Order on Unlawful Lockout and Damages

Basement-102 Gilley Road, North York, ON

🕑 Case timeline

Application Date: Date not provided

Hearing Date: March 1, 2023

Order Issued: April 5, 2023

Termination Date: Date not provided

Eviction Deadline: April 16, 2023

ℹ️ Case overview

Case Number: LTB-T-013226-23
Address: Basement-102 Gilley Road, North York, ON M3K 1L7
Form Used: N4 notice of termination
Served By: Posted on the Tenants' door
Amount Awarded: $3,003.00
Decision In Favor: Tenant
Application Type: Tenant application for unlawful lockout and damages
RTA Sections: Section 29(1), Section 37

👥 Parties involved

Landlord: Fatos Xhelli
Landlord Rep: Self Represented
Tenant: Taman Haney and Patrick Othieno
Tenant Rep: Samuel Pevalin
Adjudicator: Jagger Benham
Keywords: unlawful lockout, emotional distress, rent abatement, reinstatement of tenancy

⚖️ Decision summary

Landlord to pay $3,003 in total to tenant.
Reinstatement of tenancy ordered, with specific instructions for key/fob/digital code provision.

⚠️ Dispute summary

Dispute over unlawful lockout and claims of tenant misconduct.
Tenant claims of emotional distress and financial losses due to lockout.

📑 Findings & determinations

Lockout was unlawful as per s. 29(1) of the Residential Tenancies Act.
Tenant awarded damages for emotional distress and rent abatement.

💡 Summary points

Tenant locked out without proper eviction process.
Landlord ordered to pay damages and reinstate tenancy.
Landlord provided one valid notice but did not follow through with Board application for eviction.
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🧑‍⚖️ Same adjudicator

Jagger Benham