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LTB Order on Eviction for Termination Agreement Dispute

Dobbin v Pulker, 2023 ONLTB 30937

Case Timeline

Application Date: Date not provided
Hearing Date: March 8, 2023
Order Issued: April 13, 2023
Termination Date: December 31, 2022
Eviction Deadline: May 31, 2023

Case Overview

Case Number: LTB-L-082127-22-SA
Address: 20 Richland Crescent, Etobicoke, ON M9C 4C2
Form Used: N11
Served By: Tracey Dobbin
Amount Awarded: Not specified
Decision In Favor: Landlord
Application Type: Eviction for termination agreement dispute
RTA Sections: Section 77(8)(b)

Parties Involved

Landlord: Kevin Dobbin, Tracey Dobbin
Landlord Rep: Warren Rigby, Kyle Dobbin, Ruby Shah, Roslyn Bacon, David Bacon
Tenant: Fiona Pulker, Lance Pulker
Tenant Rep: Scott Hedden, Ashley Pulker
Adjudicator: Jagger Benham
Keywords: eviction, termination agreement, N11, N12, duress

Decision Summary

Motion to set aside the eviction order denied.
Stay of Order LTB-L-082127-22 lifted as of May 31, 2023.
Original order remains unchanged.

Dispute Summary

Dispute over the type of termination notice served (N11 vs N12).
Tenants felt pressured into signing an N11 notice.
Landlords refused rent after agreement to terminate.

Findings & Determinations

Tenants signed N11 under perceived duress.
Landlords should have potentially used an N12 notice.
Agreement to terminate upheld by the Board.

Summary Points

Tenants agreed to terminate tenancy but later filed a motion to set aside the termination.
Landlords intended to move their son into the unit, conflicting with the type of notice served.
Board found no duress in signing the N11 and upheld the original eviction order.
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