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Case Study

LTB Order Dismissal for Defective Notice

Case LTB-L-004023-23

🕑 Case timeline

Application Date: Date not provided

Hearing Date: September 21, 2023

Order Issued: October 3, 2023

Termination Date: August 31, 2022

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-004023-23
Address: UNIT 5, 16 DEVIL LAKE ROAD, SOUTH FRONTENAC TOWNSHIP ON K0G1X0
Form Used: N5
Served By: Landlord
Amount Awarded: None
Decision In Favor: Tenant
Application Type: Eviction for substantial interference with reasonable enjoyment or lawful rights
RTA Sections: Section 69, Subsection 68(1), Subsection 64(1), Subsection 62(1)

👥 Parties involved

Landlord: David Wallond
Landlord Rep: Self Represented
Tenant: Judy Broadbent
Tenant Rep: Linda Tranter
Adjudicator: Sonia Anwar-Ali
Keywords: eviction, substantial interference, reasonable enjoyment, lawful rights, N5 notice, defective notice

⚖️ Decision summary

Board found the first N5 notice to be defective.
Application for eviction based on the second N5 notice was dismissed.

⚠️ Dispute summary

Landlord sought eviction based on substantial interference with enjoyment.
Tenant challenged the clarity and validity of the termination notices.

📑 Findings & determinations

First N5 notice was defective and did not comply with the RTA.
Second N5 notice could not be relied upon as the first was invalid.

💡 Summary points

Landlord's application for eviction dismissed due to defective N5 notice.
First N5 notice was found to be invalid, affecting the validity of the second N5 notice.
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