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Case Study

LTB Order on Eviction for Substantial Interference

Marczenko v Cordeiro, 2023 ONLTB 35612

🕑 Case timeline

Application Date: Date not provided

Hearing Date: March 22, 2023

Order Issued: May 5, 2023

Termination Date: January 31, 2023

Eviction Deadline: January 31, 2023

ℹ️ Case overview

Case Number: LTB-L-002650-23
Address: Unit #2, 669 Victoria Street London ON N5Y4C2
Form Used: N5
Served By: Landlord
Amount Awarded: Not specified
Decision In Favor: Tenant
Application Type: Eviction for substantial interference with reasonable enjoyment
RTA Sections: Section 69, Section 64(3), Section 68, Section 83(1)(a), Section 83(2), Section 204(1)

👥 Parties involved

Landlord: Andrew Marczenko
Landlord Rep: Self Represented
Tenant: Ligia Cordeiro
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: Eviction, N5 Notice, Substantial Interference, Reasonable Enjoyment, Utility Bills

⚖️ Decision summary

Tenant's actions and those of her partner interfered with landlord's rights.
Landlord's eviction request denied; conditional order provided.

⚠️ Dispute summary

Tenant's partner caused disturbances affecting landlord's enjoyment.
Tenant acknowledged partner's actions but denied direct involvement.
Landlord claimed increased utility costs due to tenant's negligence.

📑 Findings & determinations

Tenant's partner's actions constituted substantial interference.
Insufficient evidence for claims of negligent utility use by tenant.
Eviction not warranted, conditional remedies sufficient.

💡 Summary points

Landlord applied to evict tenant for substantial interference.
Tenant disputed some allegations but acknowledged others.
Eviction not granted, conditional order issued instead.
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