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Case Study

Eviction Order for Substantial Interference - Centretown Citizens Ottawa Corporation v Clement

Case LTB-L-031061-22

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-06-12

Order Issued: 2023-08-03

Termination Date: Not specified

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-031061-22
Address: 204, 54 Primrose Avenue East, Ottawa ON K1R6L9
Form Used: N5 Notice of Termination
Served By: Under section 64(1) of the Residential Tenancies Act, 2006
Amount Awarded: Not specified
Decision In Favor: Landlord
Application Type: Eviction for substantial interference with reasonable enjoyment
RTA Sections: Section 64(1) - Grounds for termination, Section 64(3) - Tenant's opportunity to void notice, Section 68 - Issuance of second notice

👥 Parties involved

Landlord: Centretown Citizens Ottawa Corporation
Landlord Rep: Michael Thiele, Alison Hockin
Tenant: Barbara Clement
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: eviction, substantial interference, reasonable enjoyment, N5 notice, landlord and tenant board

⚖️ Decision summary

Tenant's conduct substantially interfered with reasonable enjoyment of the property.
Eviction granted based on evidence of ongoing disturbances and non-compliance.

⚠️ Dispute summary

Landlord seeks eviction based on substantial interference and disturbances caused by tenant and tenant's guests.
Multiple complaints about noise, disturbances, and property damage.

📑 Findings & determinations

Landlord has proven the grounds for termination on a balance of probabilities.
Tenant was in possession of the unit when the application was filed.

💡 Summary points

Tenant substantially interfered with landlord's and other tenants' enjoyment.
Tenant failed to void the first N5 notice; second N5 notice was issued.
Tenant's guest caused disturbances and property damage.
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