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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

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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