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Case Study

LTB Order Dismissal - Safety Impairment and Property Damage Claims

Case LTB-L-032618-23 - Eviction for Safety and Damage Claims Dismissed

🕑 Case timeline

Application Date: Date not provided

Hearing Date: June 6, 2023

Order Issued: August 10, 2023

Termination Date: May 4, 2023

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-032618-23
Address: 1604, 161 ROEHAMPTON AVE, TORONTO ON M4P0C8
Form Used: N7 Notice
Served By: Landlords
Amount Awarded: None, application dismissed
Decision In Favor: Tenant
Application Type: Eviction for serious impairment of safety and wilful damage to property
RTA Sections: Section 69, Section 88.1, Section 89, Subsection 66(1)

👥 Parties involved

Landlord: Nasim Naderi, Alireza Akbari
Landlord Rep: Self Represented
Tenant: Shanthosh Ravikumar
Tenant Rep: Tenant Duty Counsel
Adjudicator: Not specified
Keywords: eviction, safety impairment, property damage, N7 notice, dismissal

⚖️ Decision summary

Application for eviction based on safety impairment and property damage was dismissed.
Landlords failed to meet the burden of proof required for eviction on these grounds.

⚠️ Dispute summary

Landlords alleged Tenant impaired safety and damaged property.
Tenant admitted to actions but contested their seriousness regarding safety.

📑 Findings & determinations

Board found insufficient evidence of serious safety impairment.
Allegations of noise and rent arrears were not considered under this application type.

💡 Summary points

Landlords sought eviction for impairment of safety and property damage.
Tenant admitted to deflating tires but argued it was not a serious safety threat.
Application dismissed due to insufficient proof of serious safety impairment.
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