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Case Study

Eviction Order for Substantial Interference - 2411574 ONTARIO INC v Mccorkell

LTB Order for Eviction due to Substantial Interference with Reasonable Enjoyment

🕑 Case timeline

Application Date: March 6, 2022

Hearing Date: February 22, 2023

Order Issued: April 19, 2023

Termination Date: May 31, 2023

Eviction Deadline: May 31, 2023

ℹ️ Case overview

Case Number: LTB-L-020326-22
Address: 103, 1917 ST. LAURENT BLVD, OTTAWA ON K1G3S6
Form Used: N5 Notice of Termination
Served By: Landlord
Amount Awarded: $10,779.61
Decision In Favor: Landlord
Application Type: Eviction for substantial interference with reasonable enjoyment
RTA Sections: s.64(3), s.83(1), s.83(2)

👥 Parties involved

Landlord: 2411574 ONTARIO INC
Landlord Rep: Greg Foss
Tenant: Edward Mccorkell
Tenant Rep: Self Represented
Adjudicator: Maria Shaw
Keywords: eviction, substantial interference, reasonable enjoyment, cat urine odour, N5 notice

⚖️ Decision summary

Tenancy terminated effective May 31, 2023.
Tenant ordered to pay compensation for use and occupation of the unit.
Eviction enforceable by Sheriff starting June 1, 2023 if tenant fails to vacate.

⚠️ Dispute summary

Complaints about persistent foul odour from tenant's unit.
Tenant housed multiple cats with inadequate maintenance.
Odour affected other tenants and potential new tenants.

📑 Findings & determinations

Tenant's conduct justified termination of tenancy.
Tenant did not cease problematic conduct within seven days of notice.
Landlord entitled to compensation for loss due to tenant's actions.

💡 Summary points

Tenant substantially interfered with the reasonable enjoyment of the property.
Tenant failed to rectify issues after being served with an N5 notice.
Landlord awarded daily compensation for the period tenant remained in the unit post-termination.
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🧑‍⚖️ Same adjudicator

Maria Shaw