Case Timeline
Application Date: March 4, 2022
Hearing Date: May 31, 2023
Order Issued: 2023-11-01
Termination Date: June 11, 2021
Eviction Deadline: Not applicable
Case Overview
Case Number: LTB-T-012775-22-RV
Address: Basement, 58 MATCHETT CRES, LINDSAY ON K9V0G7
Form Used: N11
Served By: Landlord
Amount Awarded: Not specified
Decision In Favor: Tenant
Application Type: Review Order for Tenant's Application on Harassment and Interference
RTA Sections: Section 19 - Frustration of Contract, Section 29 (2) - Consideration of events during tenancy
Parties Involved
Landlord: Brittany Roberts
Landlord Rep: C. Francey
Tenant: Christine Atkins
Tenant Rep: J. Miske
Adjudicator: Not specified
Keywords: harassment, interference, fire damage, illegal unit, tenancy not terminated properly
Decision Summary
Tenancy was not frustrated by the fire as the unit was not completely destroyed.
Landlord's financial inability to restore unit does not constitute legal frustration of tenancy.
Dispute Summary
Tenant alleges landlord interfered with enjoyment and harassed after a fire damaged the unit.
Landlord argued tenancy was frustrated due to fire and subsequent legal issues with the unit.
Findings & Determinations
Review granted due to lack of notice for original hearing.
Tenancy not legally terminated; fire did not frustrate the contract.
Summary Points
Tenant applied for review of landlord's actions interfering with enjoyment and harassment.
Original application resolved by order, reviewed upon tenant's request.
Landlord claimed tenancy ended due to fire; adjudicator disagreed.
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