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Case Study

Eviction Order for Noise Disturbance

LTB Case LTB-L-021865-22

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-03-07

Order Issued: 2023-04-12

Termination Date: Date not provided

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-021865-22
Address: 201, 18 FERGUSON AVE, SAULT STE. MARIE ON P6B3J4
Form Used: N5
Served By: Landlord
Amount Awarded: $186.00
Decision In Favor: Landlord
Application Type: Eviction for substantial interference with reasonable enjoyment
RTA Sections: Subsection 83(2) of the Residential Tenancies Act, 2006, Subsection 106(10) of the Residential Tenancies Act, 2006

👥 Parties involved

Landlord: Williams and McDaniel Property Management
Landlord Rep: A. Wreggit, J. Andersen
Tenant: Andrew Killins
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: eviction, substantial interference, reasonable enjoyment, noise disturbance, elderly tenants, N5 notice

⚖️ Decision summary

Tenant's persistent noise disturbances justified eviction.
No relief from eviction as the tenant failed to improve behavior despite notices.

⚠️ Dispute summary

Tenant accused of making disruptive noises throughout the night.
Complaints primarily from an elderly tenant living directly below.

📑 Findings & determinations

Landlord proved grounds for termination on a balance of probabilities.
Tenant's actions disturbed sleep and peace of other tenants.

💡 Summary points

Eviction sought due to noise disturbances affecting other tenants.
Landlord provided evidence through witnesses and written complaints.
Tenant did not attend the hearing.
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