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Eviction Order for Personal Use - Abernethy v Clarke

Landlord requires unit for daughter's use

Case Timeline

Application Date: Date not provided
Hearing Date: April 4, 2023
Order Issued: May 3, 2023
Termination Date: June 30, 2023
Eviction Deadline: June 30, 2023

Case Overview

Case Number: LTB-L-052247-22
Address: 2 Ground Floor Apt North Entrance, 135 KING HILLS LANE KING CITY ON L7B1A3
Form Used: N12
Served By: Landlord
Amount Awarded: One month's rent
Decision In Favor: Landlord
Application Type: Eviction for personal use by landlord's family
RTA Sections: Section 69, Section 43(1)(a)

Parties Involved

Landlord: Brad Abernethy
Landlord Rep: Peter Swales
Tenant: Joan Jennifer Clarke
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: eviction, personal use, N12 notice, compensation, credibility

Decision Summary

Tenancy terminated effective June 30, 2023.
Landlord's application for eviction is granted.

Dispute Summary

Tenant argued the rental unit was not properly identified.
Landlord had previously filed unsuccessful applications for the same unit.

Findings & Determinations

Rental unit is properly identified for the purposes of the N12 notice.
Landlord's need for the unit for his daughter is credible and justified.

Summary Points

Landlord requires the rental unit for his daughter's residential occupation.
Tenant contested the proper identification of the rental unit.
Landlord provided compensation equivalent to one month's rent.
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