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Case Study

Eviction Order for Unauthorized Occupancy and Compensation

LTB Order for Justin Desaulniers and Louanne Desaulniers vs Tom Cunningham

🕑 Case timeline

Application Date: July 27, 2022

Hearing Date: March 3, 2023

Order Issued: March 10, 2023

Termination Date: August 22, 2022

Eviction Deadline: March 21, 2023

ℹ️ Case overview

Case Number: LTB-L-042410-22
Address: 2-25 Louise Street, Tilbury, ON N0P2L0
Form Used: A2 application
Served By: LTB
Amount Awarded: $5,635.08
Decision In Favor: Landlord
Application Type: Eviction for unauthorized occupancy and compensation for use of rental unit
RTA Sections: Section 100, Section 104, Section 83

👥 Parties involved

Landlord: Justin Desaulniers, Louanne Desaulniers
Landlord Rep: Self Represented
Tenant: Tom Cunningham
Tenant Rep: Not represented
Adjudicator: Not specified
Keywords: unauthorized occupancy, eviction, compensation, amendment request, videoconference

⚖️ Decision summary

Tenancy terminated as of August 22, 2022.
Occupant ordered to vacate by March 21, 2023.
Occupant to pay daily compensation and application costs.

⚠️ Dispute summary

Tenant transferred occupancy to Occupant without Landlord's consent.
Landlords discovered Occupant during lock change after Tenant's death.

📑 Findings & determinations

Tenant's death led to unauthorized occupancy by Occupant.
No tenancy agreement was entered with Occupant.
Landlords entitled to daily compensation from Occupant.

💡 Summary points

Landlords applied for eviction due to unauthorized transfer of occupancy.
Landlords also sought compensation for use of rental unit.
Hearing proceeded in absence of Tenant and Occupant.
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