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Case Study

LTB Order Denial for Jeffrey Padbury vs Joanne Dillabough

Case LTB-L-078773-22

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-05-15

Order Issued: 2023-05-30

Termination Date: Date not provided

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-078773-22
Address: 6385 6TH CONCESSION RD AUGUSTA ON K6V5T2
Form Used: N5, N6, N7
Served By: Landlord
Amount Awarded: None
Decision In Favor: Tenant
Application Type: Eviction for substantial interference, illegal acts, and safety impairment
RTA Sections: Section 69

👥 Parties involved

Landlord: JEFFREY PADBURY
Landlord Rep: Laura Pennell
Tenant: JOANNE DILLABOUGH
Tenant Rep: Linda Tranter
Adjudicator: Sean Henry
Keywords: eviction, illegal act, safety impairment, substantial interference, compensation claim

⚖️ Decision summary

The application for eviction was denied due to lack of sufficient evidence and failure to prove claims.

⚠️ Dispute summary

Landlord claimed tenant's actions and presence of debris interfered with enjoyment and safety, and involved illegal activities.
Tenant countered claims, stating corrective actions were taken.

📑 Findings & determinations

N5 notice was not proven to be unvoided by the landlord.
Insufficient evidence to support claims related to N6 and N7 notices.
Tenant's testimony about smoke detector was accepted.

💡 Summary points

Landlord's application for eviction based on substantial interference, illegal acts, and safety issues was denied.
Evidence provided by the landlord was insufficient to meet the burden of proof.
Tenant voided the notice related to the smoke detector issue.
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🧑‍⚖️ Same adjudicator

Sean Henry