Case Study

LTB Decision on Eviction for Smoking Violation

Case Analysis and Outcome

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-04-26

Order Issued: 2023-09-29

Termination Date: Not provided

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-006270-23-SA

Address: 5, 6 Sunset Blvd, Perth Ontario K7H2Y2

Form Used: L4

Served By: Not specified

Amount Awarded: Not specified

Decision In Favor: Tenant

Application Type: Eviction for breach of mediated settlement agreement

RTA Sections: Section 78(1), Section 78(6), Section 78(11)

👥 Parties involved

Landlord: Dwell Capital Group

Landlord Rep: Marie Connolly

Tenant: Keith Thompson

Tenant Rep: Linda Trentor

Adjudicator: Not provided

Keywords: eviction, smoking, mediated agreement, safety, burden of proof

⚖️ Decision summary

Board finds in favor of tenant, eviction order not upheld.
Consideration given to tenant's long-term residency and health issues.

⚠️ Dispute summary

Landlord alleges tenant smoked in unit contrary to settlement terms.
Tenant argues compliance with the agreement, cites safety concerns for deviations.

📑 Findings & determinations

Insufficient evidence to prove tenant smoked in unit as alleged.
Acknowledgment of tenant's mobility issues and previous balcony smoking permissions.

💡 Summary points

Tenant accused of smoking in violation of a mediated settlement.
Landlord's evidence deemed insufficient to prove breach.
Eviction order not upheld due to lack of conclusive evidence.

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🏷️ Related by keywords

eviction smoking mediated agreement safety burden of proof

🧑‍⚖️ Same adjudicator

Not provided

📂 Related by application type

Eviction for breach of mediated settlement agreement

LTB Order on Eviction for Breach of Mediated Settlement