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Case Study

Eviction Order for Non-Payment and Breach of Settlement - Stanley Heights (Barrie) Ltd vs Vivian O'Toole

LTB Order Overview and Financial Determinations

🕑 Case timeline

Application Date: March 6, 2023

Hearing Date: Date not provided

Order Issued: April 27, 2023

Termination Date: May 8, 2023

Eviction Deadline: May 8, 2023

ℹ️ Case overview

Case Number: LTB-L-020034-23
Address: C302, 59 ARCH BROWN CRT, BARRIE ON L4M0C6
Form Used: Not specified
Served By: Not specified
Amount Awarded: $6,084.72 plus $38.52 per day starting April 28, 2023
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent and breach of mediated settlement
RTA Sections: Section 78(6) of the Residential Tenancies Act, 2006

👥 Parties involved

Landlord: STANLEY HEIGHTS (BARRIE) LTD
Landlord Rep: Self Represented
Tenant: Vivian O'Toole
Tenant Rep: Self Represented
Adjudicator: Kimberly Parish
Keywords: eviction, non-payment, mediated settlement, arrears, NSF charges

⚖️ Decision summary

Order to terminate tenancy and evict tenant by May 8, 2023.
Tenant must pay owed amount plus daily compensation for continued occupation.

⚠️ Dispute summary

Tenant did not pay rent on time as per the terms agreed in a previous mediated settlement.
Landlord applied for eviction based on non-compliance with the settlement.

📑 Findings & determinations

Tenant's failure to pay rent and arrears justifies eviction.
Landlord can claim daily compensation post-eviction order until tenant vacates.

💡 Summary points

Tenant failed to meet conditions of a mediated settlement by not paying rent and arrears by due dates.
Landlord entitled to eviction and payment of arrears as per the settlement terms.
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