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Case Study

Eviction Order for Substantial Interference and Property Damage

Johnston v Kendall, 2023 ONLTB 28186

🕑 Case timeline

Application Date: Date not provided

Hearing Date: March 20, 2023

Order Issued: April 3, 2023

Termination Date: June 15, 2022

Eviction Deadline: June 15, 2022

ℹ️ Case overview

Case Number: LTB-L-034372-22
Address: Basement A, 6 Bonacres Ave Toronto ON M1C1P7
Form Used: N5
Served By: Landlord
Amount Awarded: $514.14
Decision In Favor: Landlord
Application Type: Eviction for substantial interference and damage to property
RTA Sections: Section 68, Section 69, Section 83, Section 89

👥 Parties involved

Landlord: Kevin Johnston
Landlord Rep: Elaine Page
Tenant: John Kendall, Tracy Cannata
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: eviction, substantial interference, damage, uncontested hearing

⚖️ Decision summary

Eviction ordered due to proven substantial interference and property damage.
Award for damages to landlord for repair costs.

⚠️ Dispute summary

Tenants accused of repeated disturbances affecting other tenants' reasonable enjoyment.
Damage to property included a damaged pillar allegedly struck by Tenants' vehicle.

📑 Findings & determinations

First N5 notice voided due to lack of further incidents within seven days.
Second N5 notice led to termination due to continued disturbances.
Landlord's claim for property damage costs substantiated and awarded.

💡 Summary points

Landlord Kevin Johnston applied for eviction due to substantial interference and property damage.
Tenants did not attend the hearing, leading to an uncontested decision.
Landlord awarded costs for repairs to property damage.
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