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Case Study

Eviction Order Upheld for Non-Payment and Breach of Conditions

Tenant fails to overturn eviction despite claims of landlord interference

🕑 Case timeline

Application Date: Date not provided

Hearing Date: January 31, 2023

Order Issued: February 9, 2023

Termination Date: February 20, 2023

Eviction Deadline: February 20, 2023

ℹ️ Case overview

Case Number: LTB-L-068493-22-SA
Address: 140 Rosemund cres, Kingston ON K7M6Z1
Form Used: Section 78 Order
Served By: Not specified
Amount Awarded: $26,000.00 in arrears
Decision In Favor: Landlord
Application Type: Eviction for non-payment of rent and failure to meet conditions of a previous order
RTA Sections: Section 78(11)

👥 Parties involved

Landlord: Vu Huynh
Landlord Rep: Christopher Hall
Tenant: Chelsey Dewolfe
Tenant Rep: Tenant Duty Counsel
Adjudicator: Peter Nicholson
Keywords: eviction, non-payment of rent, arrears, utility interference, OW interference

⚖️ Decision summary

Board found it would be unfair to set aside the eviction order.
Tenant's allegations of landlord interference were not proven.
Eviction ordered due to significant rent arrears and lack of good faith shown by tenant.

⚠️ Dispute summary

Tenant has not paid rent since July 2022.
Tenant claims landlord interference with hydro and Ontario Works funding.

📑 Findings & determinations

Adjournment request by tenant denied due to potential prejudice to landlord.
Tenant's motion to set aside the eviction order denied.
Stay of eviction order lifted effective February 20, 2023.

💡 Summary points

Tenant sought to set aside an eviction order but was denied.
Tenant admitted to breaching the conditions of a previous order by not paying rent.
Claims of landlord interference with utilities and funding were not substantiated.
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🧑‍⚖️ Same adjudicator

Peter Nicholson