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Eviction Order for Breach of Conditions - Herosilla v Merritt

LTB Review and Determination on Tenant's Non-compliance

Case Timeline

Application Date: 2022-10-27
Hearing Date: 2023-03-23
Order Issued: 2023-04-14
Termination Date: Not specified
Eviction Deadline: Not specified

Case Overview

Case Number: LTB-L-075120-22-RV
Address: 1-125 PAGE ST, ST CATHARINES ON L2R4A8
Form Used: L4
Served By: Not specified
Amount Awarded: Not specified
Decision In Favor: Landlord
Application Type: Eviction for breach of conditions in a previous order
RTA Sections: Section 78 of the Residential Tenancies Act, 2006

Parties Involved

Landlord: Andres Herosilla
Landlord Rep: Francisco Gomez
Tenant: Dale Merritt
Tenant Rep: Annelise Morton
Adjudicator: Not specified
Keywords: eviction, breach of conditions, review order, L4 application

Decision Summary

Review granted due to service issues of the initial hearing notice.
Based on evidence, tenant found in breach of conditions set in previous order.

Dispute Summary

Tenant allegedly placed non-collectable garbage and obstructive items in common areas.
Tenant disputes claims, stating items were temporarily placed during pest control treatment.

Findings & Determinations

Tenant failed to meet conditions regarding garbage disposal and obstruction of common areas.
Landlord's evidence of tenant's breaches through photographs was convincing.

Summary Points

Landlord applied for eviction based on tenant's failure to comply with conditions of a previous order.
Review requested due to landlord not receiving notice for the initial hearing.
Eviction application reviewed and tenant found in breach of conditions.
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