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Case Study

Eviction Order for Non-Payment and Breach of Settlement

The Donway East Limited vs Maise Smith and Richard Henriques

🕑 Case timeline

Application Date: April 27, 2023

Hearing Date: Date not provided

Order Issued: May 24, 2023

Termination Date: June 4, 2023

Eviction Deadline: June 4, 2023

ℹ️ Case overview

Case Number: LTB-L-033964-23
Address: 104, 4 THE DONWAY E, NORTH YORK ON M3C1X7
Form Used: Not specified
Served By: Not specified
Amount Awarded: $7,630.67 plus $61.55 per day from May 25, 2023
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent and breach of mediated settlement
RTA Sections: Section 78(6) of the Residential Tenancies Act, 2006

👥 Parties involved

Landlord: The Donway East Limited
Landlord Rep: Self Represented
Tenant: Maise Smith, Richard Henriques
Tenant Rep: Self Represented
Adjudicator: Vladislav Shustov
Keywords: eviction, non-payment, mediated settlement, arrears

⚖️ Decision summary

Tenancy terminated; tenants must vacate by June 4, 2023.
Tenants must pay $7,630.67 plus daily compensation starting May 25, 2023.

⚠️ Dispute summary

Landlord applied for eviction based on non-payment and breach of conditions in a mediated settlement.

📑 Findings & determinations

Tenants breached the condition of mediated settlement by not paying the full amount due.
Landlord entitled to request eviction and payment of arrears.

💡 Summary points

Tenants failed to pay $1,400.00 towards arrears by April 14, 2023.
Total amount owed including previous arrears and new charges is $7,630.67.
Daily compensation of $61.55 charged from May 25, 2023, until move-out.
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