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Case Study

LTB Order Review - Fase Holdings Inc. vs Carrie Cesar (Pacheco)

Case Analysis and Decision Summary

🕑 Case timeline

Application Date: Date not provided

Hearing Date: April 17, 2023

Order Issued: May 18, 2023

Termination Date: Not applicable

Eviction Deadline: Not applicable

ℹ️ Case overview

Case Number: LTB-L-000807-23-SA
Address: G-195 Mohawk Street, Brantford, ON N3S 2X1
Form Used: Not specified
Served By: Not specified
Amount Awarded: $0
Decision In Favor: Tenant
Application Type: Eviction for non-compliance with a mediated settlement
RTA Sections: Section 78(11)

👥 Parties involved

Landlord: Fase Holdings Inc.
Landlord Rep: Patricia White, Kurt Shmuir
Tenant: Carrie Cesar (Pacheco)
Tenant Rep: Self Represented
Adjudicator: Jagger Benham
Keywords: eviction, non-payment, mediated settlement, motion to set aside

⚖️ Decision summary

The motion to set aside the eviction order was granted.
The eviction order was dismissed, maintaining the tenant's residency.

⚠️ Dispute summary

Landlord sought eviction based on non-compliance with payment terms in a mediated settlement.
Tenant contested the eviction citing extenuating circumstances for late payments.

📑 Findings & determinations

Tenant's late payments were due to unforeseen work schedules and bank closures.
It was deemed unfair to evict given the tenant's overall compliance and recent circumstances.

💡 Summary points

Tenant breached payment conditions but provided reasonable explanations.
Landlord's motion to evict was denied.
Previous order remains in force.
📄 View Official PDF

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🧑‍⚖️ Same adjudicator

Jagger Benham