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LTB Order Dismissal for Defective Notice

Case LTB-L-004023-23

Case Timeline

Application Date: Date not provided
Hearing Date: September 21, 2023
Order Issued: October 3, 2023
Termination Date: August 31, 2022
Eviction Deadline: Date not provided

Case Overview

Case Number: LTB-L-004023-23
Address: UNIT 5, 16 DEVIL LAKE ROAD, SOUTH FRONTENAC TOWNSHIP ON K0G1X0
Form Used: N5
Served By: Landlord
Amount Awarded: None
Decision In Favor: Tenant
Application Type: Eviction for substantial interference with reasonable enjoyment or lawful rights
RTA Sections: Section 69, Subsection 68(1), Subsection 64(1), Subsection 62(1)

Parties Involved

Landlord: David Wallond
Landlord Rep: Self Represented
Tenant: Judy Broadbent
Tenant Rep: Linda Tranter
Adjudicator: Sonia Anwar-Ali
Keywords: eviction, substantial interference, reasonable enjoyment, lawful rights, N5 notice, defective notice

Decision Summary

Board found the first N5 notice to be defective.
Application for eviction based on the second N5 notice was dismissed.

Dispute Summary

Landlord sought eviction based on substantial interference with enjoyment.
Tenant challenged the clarity and validity of the termination notices.

Findings & Determinations

First N5 notice was defective and did not comply with the RTA.
Second N5 notice could not be relied upon as the first was invalid.

Summary Points

Landlord's application for eviction dismissed due to defective N5 notice.
First N5 notice was found to be invalid, affecting the validity of the second N5 notice.
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