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Case Study

LTB Order Dismissal for Y-Lara Hladysh vs Stacey Gough and Charles Kloestra

Case LTB-L-006452-23 Eviction for Substantial Interference Dismissed

🕑 Case timeline

Application Date: October 31, 2022

Hearing Date: November 15, 2023

Order Issued: November 27, 2023

Termination Date: September 30, 2022

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-006452-23
Address: 9 Baldwin Circle, Thorold Ontario L2V4C9
Form Used: N5
Served By: Hand to Stacey Gough
Amount Awarded: None
Decision In Favor: Tenant
Application Type: Eviction for substantial interference
RTA Sections: Section 64(2)(a) - Termination for cause, reasonable enjoyment, Section 46(1)(b) - Where notice void

👥 Parties involved

Landlord: Y-Lara Hladysh
Landlord Rep: Heather MaClean
Tenant: Stacey Gough, Chuck a.k.a Charles Kloestra
Tenant Rep: Mitchell Kent
Adjudicator: Madeline Ntoukas
Keywords: eviction, substantial interference, N5 notice, L2 application

⚖️ Decision summary

Application dismissed.
No eviction order issued.

⚠️ Dispute summary

Landlord sought to evict tenants for substantial interference.
Issues with the notice and filing of the application led to dismissal.

📑 Findings & determinations

N5 notice void due to incorrect termination date and late filing of L2 application.
Landlord's additional claims dismissed due to lack of detail and failure to amend.

💡 Summary points

Landlord's application for eviction dismissed due to procedural errors in notice and application.
N5 notice was improperly dated and served, rendering it void.
Landlord's failure to properly amend claims resulted in dismissal of additional claims.
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