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Case Study

Eviction Order for Landlord's Own Use - Fiorino v Perry

LTB Order Analysis and Summary

🕑 Case timeline

Application Date: Date not provided

Hearing Date: June 15, 2023

Order Issued: August 22, 2023

Termination Date: September 2, 2023

Eviction Deadline: September 2, 2023

ℹ️ Case overview

Case Number: LTB-L-015112-23
Address: 245 SEARLE AVE, NORTH YORK ON M3H4B8
Form Used: N12
Served By: Landlord
Amount Awarded: $1,049.91
Decision In Favor: Landlord
Application Type: Eviction for Landlord's Own Use
RTA Sections: Section 69, Subsection 106(10), Subsection 83(1), Subsection 83(2)

👥 Parties involved

Landlord: Michele Fiorino
Landlord Rep: Latanya Pusey
Tenant: Samantha Perry
Tenant Rep: Self Represented
Adjudicator: Camille Clyne
Keywords: eviction, landlord's own use, compensation, N12 notice

⚖️ Decision summary

Tenancy terminated effective September 2, 2023.
Tenant must pay daily compensation for use of the unit past the termination date.

⚠️ Dispute summary

Tenant claims previous eviction notice was also in bad faith.
Landlord asserts need to relocate due to criminal charges from a neighbor dispute.

📑 Findings & determinations

Landlord has genuine intention to occupy the unit for at least one year.
Tenant's claim of bad faith by the landlord not substantiated.

💡 Summary points

Landlord requires the rental unit for personal use due to a dispute with a neighbor.
Tenant opposed the eviction claiming bad faith by the landlord.
Landlord awarded compensation for tenant's continued occupancy past the termination date.
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🧑‍⚖️ Same adjudicator

Camille Clyne

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Eviction for Landlord's Own Use