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LTB Order Dismissal for Eviction - Anton v Dawson

Case LTB-L-022339-23 Analysis

Case Timeline

Application Date: Date not provided
Hearing Date: June 28, 2023
Order Issued: August 4, 2023
Termination Date: June 30, 2023
Eviction Deadline: June 30, 2023

Case Overview

Case Number: LTB-L-022339-23
Address: 53 GLORY CRES, SCARBOROUGH ON M1E2B9
Form Used: N12
Served By: Landlord
Amount Awarded: $2300.00
Decision In Favor: Tenant
Application Type: Eviction for the purpose of residential occupation by the Landlord's child
RTA Sections: s.48(2), s.72(1)(a), s.48.1, s.48(1)

Parties Involved

Landlord: Amir Anton
Landlord Rep: David Anton
Tenant: Matthew Dawson, Michelle Barber
Tenant Rep: T. Heneghan
Adjudicator: Peter Nicholson
Keywords: Eviction, N12, Good Faith, Compensation, Dismissed

Decision Summary

Application dismissed due to lack of proven good faith.
Tenants ordered to repay the compensation to the landlord.

Dispute Summary

Landlord served N12 notice for son's occupation post-marriage.
Tenants argued notice was retaliatory linked to rent disputes.
Previous interactions and communications suggest lack of good faith.

Findings & Determinations

Landlord did not meet the good faith requirement for eviction.
Landlord provided required one month's rent compensation.

Summary Points

Landlord's application to evict tenants for son's residential use dismissed.
Tenants contested the eviction notice claiming it was retaliatory.
Landlord failed to prove good faith intention to occupy.
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