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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

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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