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Case Study

Eviction Order for Unauthorized Occupancy at 33, 2 Superior Avenue

Review of Tenancy and Compensation Claims

🕑 Case timeline

Application Date: July 7, 2020

Hearing Date: July 19, 2022 and November 23, 2022

Order Issued: 2023-03-03

Termination Date: Not specified

Eviction Deadline: Not specified

ℹ️ Case overview

Case Number: LTB-L-077840-22-RV
Address: 33, 2 SUPERIOR AVENUE, ETOBICOKE ON M8V2M3
Form Used: Not specified
Served By: Not specified
Amount Awarded: Not specified
Decision In Favor: Landlord
Application Type: Eviction for unauthorized occupancy and compensation for use of rental unit
RTA Sections: Section 103(2)

👥 Parties involved

Landlord: MAYER INVESTMENTS LTD, IRVING GARTEN
Landlord Rep: Richard Fink
Tenant: JOZEF PYRC
Tenant Rep: Dan McIntyre
Adjudicator: Not specified
Keywords: unauthorized occupant, eviction, compensation, tenancy agreement

⚖️ Decision summary

Request to review the order by Unauthorized Occupant denied.
Evidence insufficient to establish that the presiding adjudicator considered the Landlords' circumstances adequately.

⚠️ Dispute summary

Unauthorized Occupant sought to establish tenancy status.
Landlords contested the establishment of a tenancy relationship with the Unauthorized Occupant.

📑 Findings & determinations

Unauthorized Occupant is not a tenant under the Act.
No tenancy was created by the acceptance of payments from the Unauthorized Occupant.

💡 Summary points

Unauthorized Occupant did not prove status as a 'Tenant'.
Landlords did not agree to create a tenancy with the Unauthorized Occupant.
Payments made by Unauthorized Occupant were not accepted as rent to establish tenancy.
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🧑‍⚖️ Same adjudicator

Not specified