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Case Study

LTB Order for Eviction - Manitoulin-Sudbury District Services Board v Kitchen

Substantial Interference and Property Damage Case

🕑 Case timeline

Application Date: Date not provided

Hearing Date: September 19, 2023

Order Issued: October 3, 2023

Termination Date: April 19, 2023

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-043653-23
Address: 207, 70 BARBER ST, ESPANOLA ON P5E1E6
Form Used: N5
Served By: Landlord
Amount Awarded: $186.00
Decision In Favor: Landlord
Application Type: Eviction for substantial interference, property damage, and overcrowding
RTA Sections: s. 64(1), s. 78, s. 83(1)(a), s. 83(2), s. 204(1)

👥 Parties involved

Landlord: Manitoulin-Sudbury District Services Board
Landlord Rep: Kristian Thorne
Tenant: Janessa Kitchen
Tenant Rep: Self Represented
Adjudicator: Elan Shemtov
Keywords: eviction, substantial interference, property damage, overcrowding, smoking violation, noise complaints

⚖️ Decision summary

Conditional eviction order granted.
Tenant must refrain from smoking and making noise, and pay the application fee.

⚠️ Dispute summary

Landlord applied for eviction based on substantial interference, property damage, and overcrowding.
Tenant did not attend the hearing.

📑 Findings & determinations

Landlord's claims were proven on a balance of probabilities.
Tenant must comply with specific conditions to avoid eviction.

💡 Summary points

Tenant caused substantial interference and property damage.
Tenant violated non-smoking terms of the lease.
Tenant made excessive noise affecting other tenants.
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🧑‍⚖️ Same adjudicator

Elan Shemtov