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Case Study

Eviction Order for Excessive Noise - IMH POOL VI-A LP v Tim Knowles

LTB Order Review and Decision on Excessive Noise Complaint

🕑 Case timeline

Application Date: Not specified

Hearing Date: 2023-03-24

Order Issued: 2023-05-01

Termination Date: Not specified

Eviction Deadline: Not specified

ℹ️ Case overview

Case Number: LTB-L-006262-22
Address: 303, 28 HELENE ST N, MISSISSAUGA ON L5G3B7
Form Used: N5
Served By: Mail
Amount Awarded: Not specified
Decision In Favor: Landlord
Application Type: Eviction for excessive noise
RTA Sections: Section 64(1), Section 83(1), Section 83(2)

👥 Parties involved

Landlord: IMH POOL VI-A LP
Landlord Rep: Matt Anderson
Tenant: Tim Knowles
Tenant Rep: Atta Choudhry
Adjudicator: Not specified
Keywords: eviction, excessive noise, N5 notice, reasonable enjoyment

⚖️ Decision summary

Based on testimonies and evidence, the adjudicator found the tenant's noise to be excessive.
Eviction considered as a last resort but justified in this case due to ongoing disturbances.

⚠️ Dispute summary

Tenant's noise included loud talking, furniture dragging, and stomping.
Noise complaints primarily from one other tenant directly below the accused's unit.

📑 Findings & determinations

Tenant's noise is excessive and interferes with other tenants' reasonable enjoyment.
Only one tenant (below the accused's unit) formally complained to the landlord.

💡 Summary points

Tenant accused of substantially interfering with other tenants' enjoyment due to noise.
Landlord served two N5 notices for noise complaints.
Hearing conducted via videoconference.
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🧑‍⚖️ Same adjudicator

Not specified