Case Timeline
Application Date: Date not provided
Hearing Date: 2023-04-26
Order Issued: 2023-09-29
Termination Date: Not provided
Eviction Deadline: Date not provided
Case Overview
Case Number: LTB-L-006270-23-SA
Address: 5, 6 Sunset Blvd, Perth Ontario K7H2Y2
Form Used: L4
Served By: Not specified
Amount Awarded: Not specified
Decision In Favor: Tenant
Application Type: Eviction for breach of mediated settlement agreement
RTA Sections: Section 78(1), Section 78(6), Section 78(11)
Parties Involved
Landlord: Dwell Capital Group
Landlord Rep: Marie Connolly
Tenant: Keith Thompson
Tenant Rep: Linda Trentor
Adjudicator: Not provided
Keywords: eviction, smoking, mediated agreement, safety, burden of proof
Decision Summary
Board finds in favor of tenant, eviction order not upheld.
Consideration given to tenant's long-term residency and health issues.
Dispute Summary
Landlord alleges tenant smoked in unit contrary to settlement terms.
Tenant argues compliance with the agreement, cites safety concerns for deviations.
Findings & Determinations
Insufficient evidence to prove tenant smoked in unit as alleged.
Acknowledgment of tenant's mobility issues and previous balcony smoking permissions.
Summary Points
Tenant accused of smoking in violation of a mediated settlement.
Landlord's evidence deemed insufficient to prove breach.
Eviction order not upheld due to lack of conclusive evidence.
View Official PDF
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