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LTB Order on Eviction for Repairs - DRAKE PROPERTY MANAGEMENT v Pascua

Case LTB-L-037685-22 Decision

Case Timeline

Application Date: Date not provided
Hearing Date: June 16, 2023
Order Issued: 2023-07-24
Termination Date: August 31, 2022
Eviction Deadline: August 31, 2022

Case Overview

Case Number: LTB-L-037685-22
Address: 107, 1570 LAWRENCE AVE W, NORTH YORK ON M6L1C2
Form Used: N13
Served By: Date not provided
Amount Awarded: 3 months rent credited
Decision In Favor: Tenant
Application Type: Eviction for major repairs or renovations
RTA Sections: Section 69

Parties Involved

Landlord: DRAKE PROPERTY MANAGEMENT
Landlord Rep: Patty Duwyn
Tenant: Lilia Pascua, Eddie Pascua, Katherine Pascua, Daniel Pascua
Tenant Rep: Kyle Warwick
Adjudicator: Not specified
Keywords: eviction, major repairs, renovation, compensation, tenant rights

Decision Summary

Application for eviction dismissed.
Tenant retains possession; landlord's claim for further compensation denied.

Dispute Summary

Landlord requires the unit for extensive plumbing repairs and renovations.
Tenant contested the need for eviction citing possible continuation of tenancy during repairs.

Findings & Determinations

Landlord failed to prove necessity of eviction for repairs on balance of probabilities.
Tenant was in possession of the unit when application was filed.
Landlord compensated tenant as required by termination notice.

Summary Points

Landlord applied for eviction to undertake major repairs.
Application dismissed; insufficient proof of necessity for vacant possession.
Tenant awarded compensation equivalent to 3 months rent.
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