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LTB Order - Roele v Sexton

Eviction for Personal Use and Other Claims

Case Timeline

Application Date: Date not provided
Hearing Date: March 15, 2023 and May 5, 2023
Order Issued: 2023-07-10
Termination Date: September 30, 2023
Eviction Deadline: September 30, 2023

Case Overview

Case Number: LTB-L-012494-22, LTB-L-072291-22, LTB-T-072255-22
Address: Unit 4, 255 Talbot Street North Essex, Ontario N8M2E2
Form Used: N5, N12
Served By: Landlord
Amount Awarded: Not specified
Decision In Favor: Landlord for N12 application, Dismissed other claims
Application Type: Eviction for personal use, substantial interference, harassment, and rent reduction due to discontinuance of services
RTA Sections: Section 69, Section 29, Section 43(2), Section 29(2)

Parties Involved

Landlord: Margaretha Roele, Ben Minbashian
Landlord Rep: Trever Scheib
Tenant: Carolann Dannis, Curt Sexton
Tenant Rep: Jane Scharf
Adjudicator: Not specified
Keywords: eviction, personal use, substantial interference, harassment, rent reduction, service discontinuance

Decision Summary

Approved eviction based on personal use requirement.
Other claims by both parties dismissed due to lack of sufficient evidence or particulars.

Dispute Summary

Landlord requires unit for personal use.
Claims of substantial interference by tenants.
Tenants allege harassment and request rent reduction.

Findings & Determinations

Tenancy termination approved based on N12 application.
Dismissal of N5 application due to insufficient evidence of substantial interference.
Dismissal of tenants' harassment and rent reduction claims.

Summary Points

Landlord's N12 application for eviction for personal use approved.
Landlord's N5 application and tenants' T2 and T3 applications dismissed.
Tenancy terminated effective September 30, 2023.
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