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Case Study

Eviction Order for Breach of Settlement and Non-Payment

LTB Order 2023 ONLTB 37135

🕑 Case timeline

Application Date: Date not provided

Hearing Date: May 3, 2023

Order Issued: May 17, 2023

Termination Date: June 17, 2023

Eviction Deadline: June 17, 2023

ℹ️ Case overview

Case Number: LTB-L-004566-23
Address: 1722D NASH RD, COURTICE ON L1E2L8
Form Used: Not specified
Served By: Not specified
Amount Awarded: $1,956.35 for cleanup costs, $300 for unpaid damages and utilities
Decision In Favor: Landlord
Application Type: Eviction for breach of settlement conditions and non-payment
RTA Sections: Section 78(6), Section 83(1)(b), Section 83(2)

👥 Parties involved

Landlord: John Occhialini, Robert Navarrete
Landlord Rep: Lorrie McCullough
Tenant: Ashley Meyers, Derek Roberto, Diane Roberto
Tenant Rep: Self Represented, consulted Duty Counsel
Adjudicator: Khalid Akram
Keywords: eviction, damage compensation, settlement breach, by-law infraction

⚖️ Decision summary

Tenancy terminated effective June 17, 2023.
Landlords may enforce eviction starting June 18, 2023 if Tenants have not vacated.

⚠️ Dispute summary

Landlords sought eviction and compensation for damages and non-compliance with a previous settlement.
Issues included non-payment and failure to maintain property cleanliness.

📑 Findings & determinations

Tenants breached settlement conditions.
Landlords entitled to compensation for cleanup costs and unpaid amounts.
Eviction delayed until June 17, 2023 to allow Tenants time to find alternative housing.

💡 Summary points

Tenants breached conditions of a mediated settlement by failing to adhere to by-laws and fire regulations.
Landlords incurred costs due to Tenants' non-compliance which were billed to their property tax.
Tenants failed to pay agreed amounts towards damage and utility costs.
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🧑‍⚖️ Same adjudicator

Khalid Akram