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Case Study

LANARK COUNTY HOUSING CORPORATION v Fillion

Dismissal of Eviction for Substantial Interference

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-09-20

Order Issued: 2023-09-27

Termination Date: Date not provided

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-007365-22
Address: 107, 252 MOFFATT ST, CARLETON PLACE ON K7C3L1
Form Used: N5
Served By: Date not provided
Amount Awarded: No compensation awarded
Decision In Favor: Tenant
Application Type: Eviction for substantial interference with reasonable enjoyment
RTA Sections:

👥 Parties involved

Landlord: LANARK COUNTY HOUSING CORPORATION
Landlord Rep: Kerri Mackenzie
Tenant: Mark Fillion
Tenant Rep: Linda Tranter
Adjudicator: Richard Ferriss
Keywords: eviction, substantial interference, reasonable enjoyment, N5 notice, invalid notice

⚖️ Decision summary

Application dismissed due to invalid N5 notice.
No substantial interference proven by the landlord.

⚠️ Dispute summary

Landlord alleged tenant's behavior caused substantial interference.
Specific incidents included tampering with parking signs and refusing entry.

📑 Findings & determinations

N5 notice invalid for lack of compliance with legislative requirements.
No substantial interference established by the landlord.

💡 Summary points

Landlord's application for eviction dismissed.
N5 notice found invalid due to lack of detailed descriptions and timing.
Tenant's behavior deemed minor and inconsequential.
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🧑‍⚖️ Same adjudicator

Richard Ferriss