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Case Study

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

ℹ️ 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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🧑‍⚖️ Same adjudicator

Peter Nicholson