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Ajax Municipal Housing Corporation v Vanleeuwen

2023 ONLTB 69982

Case Timeline

Application Date: November 3, 2022
Hearing Date: April 26, 2023
Order Issued: 2023-10-19
Termination Date: Not specified
Eviction Deadline: Not specified

Case Overview

Case Number: LTB-L-077218-22-SA
Address: 304, 40 Kitney Drive, Ajax Ontario L1S4G3
Form Used: L4
Served By: Letter dated October 20, 2022
Amount Awarded: Not specified
Decision In Favor: Landlord
Application Type: Eviction for breach of settlement terms and aggressive behavior
RTA Sections: Section 78(11)(b), Ontario Human Rights Code, R.SO.O 1990, Chapter H.9

Parties Involved

Landlord: Ajax Municipal Housing Corporation
Landlord Rep: David Yun
Tenant: Ian Vanleeuwen
Tenant Rep: Sarah Matthew
Adjudicator: Not specified
Keywords: eviction, breach of settlement, aggressive behavior, mental health, accommodation, Human Rights Code

Decision Summary

Board considered tenant's mental health but upheld eviction due to risk and past incidents.
Landlord deemed to have fulfilled duty to accommodate to the fullest reasonable extent.

Dispute Summary

Tenant accused of aggressive incidents on October 4, 7, and 16, 2022.
Tenant did not deny allegations, attributed behavior to medication issues.

Findings & Determinations

Order LTB-L-077218-22 set aside not considered unfair.
Tenant's disability recognized, but behavior deemed a risk to others.

Summary Points

Tenant breached conditions of a mediated settlement by exhibiting aggressive behavior.
Landlord applied for eviction based on these breaches.
Tenant's behavior linked to untreated paranoid schizophrenia.
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