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Case Study

LTB Order on Bad Faith Eviction and Illegal Money Retention

Case LTB-T-000836-23

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-05-01

Order Issued: 2023-05-17

Termination Date: May 21, 2022

Eviction Deadline: May 21, 2022

ℹ️ Case overview

Case Number: LTB-T-000836-23
Address: 2096 RUDELL ROAD, NEWCASTLE ON L1G1B9
Form Used: N12
Served By: Text message
Amount Awarded: Not specified
Decision In Favor: Tenant
Application Type: Eviction for personal use and compensation for illegal retention of money
RTA Sections: Section 57(1), Section 48, Section 49

👥 Parties involved

Landlord: Jeveethan Elangeswaran
Landlord Rep: Thirusenthuran Sivapatham
Tenant: Marcia Boone
Tenant Rep: Caroline Wilson
Adjudicator: Not specified
Keywords: bad faith, illegal money retention, eviction, compensation

⚖️ Decision summary

Landlord's actions constituted bad faith under section 57(1)(a) of the RTA.
Landlord failed to provide proper notice and did not compensate tenant as required.

⚠️ Dispute summary

Dispute over whether landlord's communication constituted a notice of termination.
Tenant vacated believing it to be a formal notice, landlord later re-rented at higher rate.

📑 Findings & determinations

Communications between landlord and tenant amounted to a notice of termination.
Landlord acted in bad faith by not following through on stated intent to sell.

💡 Summary points

Tenant applied for order against landlord for bad faith termination and illegal money retention.
Landlord did not serve a formal N12 notice but communicated intent to sell via text.
Tenant vacated based on these communications, landlord re-rented without selling.
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🧑‍⚖️ Same adjudicator

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