LandlordEzy
Case Study

LTB Order Dismissal for Defective N5 Notice

Case LTB-L-026773-22

🕑 Case timeline

Application Date: Date not provided

Hearing Date: March 29, 2023

Order Issued: July 25, 2023

Termination Date: May 24, 2022

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-026773-22
Address: basement apartment, 16 Jones Court, Aurora ON L4G2B8
Form Used: Second N5 Notice
Served By: personally to Melanie Amber Moon
Amount Awarded: None
Decision In Favor: Tenant
Application Type: Eviction for substantial interference with reasonable enjoyment
RTA Sections: Section 69

👥 Parties involved

Landlord: Tatiana Brudny
Landlord Rep: Self Represented
Tenant: Melanie Amber Moon, Robert Lamontagne
Tenant Rep: Sharon Crowe
Adjudicator: Terri van Huisstede
Keywords: eviction, substantial interference, reasonable enjoyment, N5 notice, defective notice

⚖️ Decision summary

Application dismissed due to insufficient detail in the notice of termination.
Notice failed to meet requirements set by Divisional Court in Ball v. Metro Capital Property.

⚠️ Dispute summary

Landlord sought eviction citing substantial interference.
Tenants contested the clarity and validity of the N5 notice.

📑 Findings & determinations

First N5 Notice found confusing and onerous.
Second N5 Notice failed to correct the deficiencies of the first notice.

💡 Summary points

Landlord's eviction application dismissed due to defective notice.
Second N5 Notice deemed invalid as it did not provide clear allegations.
Landlord failed to correct deficiencies with substantial evidence.
📄 View Official PDF

Share this case

Facebook Twitter LinkedIn Instagram

🏷️ Related by keywords

eviction substantial interference reasonable enjoyment N5 notice defective notice

Eviction Order for Non-payment of Rent

2803, 240 Wellesley St E, Toronto

Matched Keyword

LTB Order for Eviction and Payment of Rent Arrears

Case LTB-L-071895-22 Decision

Matched Keyword

Eviction Order for Non-Compliance with Termination Agreement

LTB Order Review: Montesano v Lolic

Matched Keyword

🧑‍⚖️ Same adjudicator

Terri van Huisstede

Eviction Order for Non-payment of Rent

Landlord Md.shamsul Alam vs. Tenant Richard T. Roche

Same Adjudicator

Eviction Order for Non-payment of Rent

LTB Order RAMONA HOLDINGS LTD v Powers

Same Adjudicator

Eviction Order for Non-payment of Rent

Case LTB-L-025230-22

Same Adjudicator

📂 Related by application type

Eviction for substantial interference with reasonable enjoyment

Eviction Order for Tenant Abi Shaju by Williams and McDaniel Property Management

Substantial Interference with Reasonable Enjoyment Leads to Eviction

Same Application Type

LTB Order - Eviction for Substantial Interference

Case LTB-L-012436-22

Same Application Type

LTB Order - Eviction for Substantial Interference

Case LTB-L-054400-22

Same Application Type