Case Study

Eviction Order for Personal Use - Abernethy v Clarke

Landlord requires unit for daughter's use

🕑 Case timeline

Application Date: Date not provided

Hearing Date: April 4, 2023

Order Issued: May 3, 2023

Termination Date: June 30, 2023

Eviction Deadline: June 30, 2023

ℹ️ Case overview

Case Number: LTB-L-052247-22

Address: 2 Ground Floor Apt North Entrance, 135 KING HILLS LANE KING CITY ON L7B1A3

Form Used: N12

Served By: Landlord

Amount Awarded: One month's rent

Decision In Favor: Landlord

Application Type: Eviction for personal use by landlord's family

RTA Sections: Section 69, Section 43(1)(a)

👥 Parties involved

Landlord: Brad Abernethy

Landlord Rep: Peter Swales

Tenant: Joan Jennifer Clarke

Tenant Rep: Self Represented

Adjudicator: Not specified

Keywords: eviction, personal use, N12 notice, compensation, credibility

⚖️ Decision summary

Tenancy terminated effective June 30, 2023.
Landlord's application for eviction is granted.

⚠️ Dispute summary

Tenant argued the rental unit was not properly identified.
Landlord had previously filed unsuccessful applications for the same unit.

📑 Findings & determinations

Rental unit is properly identified for the purposes of the N12 notice.
Landlord's need for the unit for his daughter is credible and justified.

💡 Summary points

Landlord requires the rental unit for his daughter's residential occupation.
Tenant contested the proper identification of the rental unit.
Landlord provided compensation equivalent to one month's rent.

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