Case Study

LTB Order Dismissal for Defective Notice and Invalid Service

Case LTB-L-022842-22

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-01-12

Order Issued: 2023-01-30

Termination Date: May 1, 2022

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-022842-22
Address: basement room 1, 240 VERMONT ST WATERLOO ON N2J2N3
Form Used: N12 Notice of Termination
Served By: Email initially without consent, followed by unclear physical delivery
Amount Awarded: No compensation awarded
Decision In Favor: Tenant
Application Type: Eviction for personal use of property
RTA Sections: Section 48(1) and 48(2) of the Residential Tenancies Act, 2006

👥 Parties involved

Landlord: Vasilli Ryjikh
Landlord Rep: Self Represented
Tenant: Drew Barber
Tenant Rep: Not represented
Adjudicator: Peter Pavlovic
Keywords: eviction, personal use, defective notice, service of notice

⚖️ Decision summary

Application dismissed due to procedural errors in notice and service.
No compensation granted to the landlord.

⚠️ Dispute summary

Landlord applied to evict tenant for personal use of the property.
Issues with the termination notice and service method led to dismissal of the case.

📑 Findings & determinations

N12 Notice was defective as it did not end on the last day of a tenancy period.
No valid consent for email service of the notice, and physical delivery details were insufficient.

💡 Summary points

Landlord's application for eviction dismissed due to defective notice and invalid service method.
Landlord sought possession for personal use but failed to meet legal requirements for notice period.
Tenant vacated the unit by December 1, 2022, but no compensation was awarded due to dismissal of the application.
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