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LTB Order on Eviction for Breach of Mediated Settlement

Case Analysis and Outcome

Case Timeline

Application Date: Date not provided
Hearing Date: 2023-08-02
Order Issued: 2023-09-22
Termination Date: Date not provided
Eviction Deadline: Date not provided

Case Overview

Case Number: LTB-L-042870-23-SA
Address: 810-5950 Bathurst Street, North York, ON M2R 1Y9
Form Used: Notice of Entry
Served By: Landlord
Amount Awarded: None specified
Decision In Favor: Tenant
Application Type: Eviction for breach of mediated settlement agreement
RTA Sections: Section 78(11), ss. 20 and 22 of the Residential Tenancies Act, 2006

Parties Involved

Landlord: Rosslyn Residences
Landlord Rep: Charlie Bobrowsky
Tenant: Igor Doroshyn
Tenant Rep: Sheen Adaro
Adjudicator: Jagger Benham
Keywords: eviction, mediated settlement, pest control, access denial, technician

Decision Summary

Motion to set aside eviction order granted.
Original order amended to emphasize requirement for full access for pest control.

Dispute Summary

Dispute over tenant's compliance with pest control access as per mediated agreement.

Findings & Determinations

Tenant failed to comply with pest control instructions.
No evidence that breach affected other units or landlord's obligations under the Act.
Amendment to settlement to ensure full access in future.

Summary Points

Tenant breached mediated agreement by not allowing pest control access to bedrooms.
Technician adjusted treatment due to access denial but noted decreased cockroach activity.
Original eviction order set aside; mediated agreement amended for future compliance.
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