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Case Study

Eviction Order Confirmation for Non-Payment and Personal Use

Review and Denial of Tenant's Request

🕑 Case timeline

Application Date: Date not provided

Hearing Date: July 20, 2023

Order Issued: July 31, 2023

Termination Date: April 2022

Eviction Deadline: August 4, 2023

ℹ️ Case overview

Case Number: LTB-L-026161-22-RV
Address: 42 MILEY DR, Markham ON L3R4V3
Form Used: N12 Notice of Termination
Served By: Landlord
Amount Awarded: Compensation for each day tenant remained after termination date
Decision In Favor: Landlord
Application Type: Eviction for personal use of property
RTA Sections: Section 21.2 of the Statutory Powers Procedure Act, Residential Tenancies Act, 2006

👥 Parties involved

Landlord: Ai Guo Li
Landlord Rep: David Ciobotaru
Tenant: Alyesha McMahon
Tenant Rep: Tenant Duty Counsel
Adjudicator: Jana Rozehnal
Keywords: eviction, review order, non-payment of rent, personal use

⚖️ Decision summary

Review request denied, original eviction order confirmed.
Eviction stay lifted as of August 4, 2023.

⚠️ Dispute summary

Tenant argued lack of notice for hearing, but evidence showed notice was given.
Tenant's request to review considered frivolous and vexatious by the landlord.

📑 Findings & determinations

Tenant's claim of not receiving hearing notice not supported by sufficient evidence.
Tenant's lack of diligence in handling court proceedings noted.

💡 Summary points

Landlord requires possession for personal use for at least one year.
Tenant did not receive Notice of Hearing in a timely manner, claimed unaware of hearing date.
Tenant's request to review the initial eviction order was denied.
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