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Case Study

Eviction Order for Substantial Interference - Fisher v Reid

LTB Order 2023 ONLTB 44028

🕑 Case timeline

Application Date: Date not provided

Hearing Date: June 7, 2023

Order Issued: June 15, 2023

Termination Date: June 26, 2023

Eviction Deadline: June 26, 2023

ℹ️ Case overview

Case Number: LTB-L-007948-23
Address: 157 Alfred Street, Pembroke ON K8A2Z9
Form Used: N5
Served By: Landlord
Amount Awarded: $1,957.72
Decision In Favor: Landlord
Application Type: Eviction for substantial interference with reasonable enjoyment
RTA Sections: Section 69, Section 64(3), Section 83(1), Section 83(2)

👥 Parties involved

Landlord: Larry Fisher
Landlord Rep: C. Paradis
Tenant: Judy Reid
Tenant Rep: Self Represented
Adjudicator: Dawn Sullivan
Keywords: eviction, substantial interference, reasonable enjoyment, compensation, N5 notice

⚖️ Decision summary

Tenancy terminated effective June 26, 2023.
Tenant ordered to pay compensation for use of unit and costs of filing the application.

⚠️ Dispute summary

Dispute revolves around tenant's behavior causing substantial interference with others' enjoyment.
Landlord seeks eviction and compensation for continued disturbances.

📑 Findings & determinations

Landlord's claims of substantial interference proven on balance of probabilities.
Tenant did not void the N5 notice by ceasing prohibited behavior.

💡 Summary points

Tenant engaged in disruptive behavior including yelling and slamming doors.
Landlord provided evidence of disturbances affecting other tenants and businesses.
Tenant did not cease disruptive behavior after receiving N5 notice.
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