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Case Study

Review of Eviction Order for Non-Compliance

Complex Legal Arguments and Evidence Handling

🕑 Case timeline

Application Date: Not specified

Hearing Date: September 15, 2023

Order Issued: 2023-10-03

Termination Date: March 20, 2023

Eviction Deadline: Not specified

ℹ️ Case overview

Case Number: LTB-L-000154-23-SA-RV
Address: 4496 STE. CATHERINE ST, ST. ISIDORE ON K0C2B0
Form Used: Not specified
Served By: Not specified
Amount Awarded: Not specified
Decision In Favor: Landlord initially, ongoing review favors Tenant
Application Type: Eviction for non-compliance with a previous order
RTA Sections: Section 21.2 of the Statutory Powers Procedure Act, Residential Tenancies Act, 2006

👥 Parties involved

Landlord: Shawn Loader
Landlord Rep: Self Represented
Tenant: Rodney Feener
Tenant Rep: Pierre-Étienne Daignault
Adjudicator: Not specified
Keywords: eviction, non-compliance, review, set aside, natural justice, evidence handling

⚖️ Decision summary

Reviewing adjudicator finds potential procedural errors in handling of tenant's evidence.
Suggests flexibility could have been offered to tenant's representative to organize evidence during the hearing.

⚠️ Dispute summary

Initial eviction order issued for non-compliance with a condition from a previous order.
Tenant's motion to set aside the eviction was initially denied, followed by a review.

📑 Findings & determinations

Board's refusal to accept tenant's evidence due to lack of an index was a key issue.
Technical difficulties and procedural fairness were significant concerns.

💡 Summary points

Tenant seeks to set aside an eviction order due to procedural errors.
Legal representative highlights issues with evidence acceptance and natural justice.
Adjudicator acknowledges potential procedural errors affecting fairness.
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🧑‍⚖️ Same adjudicator

Not specified

📂 Related by application type

Eviction for non-compliance with a previous order