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Case Study

LTB Order for Eviction - Personal Use by Landlord

Case LTB-L-010744-23 - Kavitha Mariam Koshy vs Christine Marie Bourne (LaChapelle)

🕑 Case timeline

Application Date: January 10, 2023

Hearing Date: June 15, 2023

Order Issued: June 27, 2023

Termination Date: August 31, 2023

Eviction Deadline: August 31, 2023

ℹ️ Case overview

Case Number: LTB-L-010744-23
Address: 141 Crow St. Welland, ON L3B5N8
Form Used: N12
Served By: Landlord
Amount Awarded: One month's rent
Decision In Favor: Landlord
Application Type: Eviction for personal use of property
RTA Sections: Section 48(1), Section 72(1)(a)

👥 Parties involved

Landlord: Kavitha Mariam Koshy
Landlord Rep: Deanne Seguin
Tenant: Christine Marie Bourne (LaChapelle), Kevin William Joseph LaChapelle
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: eviction, personal use, N12 notice, good faith, compensation

⚖️ Decision summary

Tenancy terminated effective August 31, 2023.
Landlord met all legal requirements for eviction under personal use grounds.
Compensation equivalent to one month's rent was paid to tenant.

⚠️ Dispute summary

Tenant requested adjournment due to illness and lack of legal representation, which was denied.
Tenant raised concerns about the validity of the N12 notice due to incorrect postal code.
Tenant alleged bad faith by landlord related to rent increase attempts and lack of proper notice.

📑 Findings & determinations

Adjournment request denied.
N12 notice deemed valid despite incorrect postal code.
Landlord's need for property in good faith confirmed.

💡 Summary points

Landlord requires possession for personal residential use for at least one year.
Tenant opposed eviction citing bad faith and procedural issues.
Eviction granted effective August 31, 2023.
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🧑‍⚖️ Same adjudicator

Not specified

📂 Related by application type

Eviction for personal use of property