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Case Study

Ajax Municipal Housing Corporation v Vanleeuwen

2023 ONLTB 69982

🕑 Case timeline

Application Date: November 3, 2022

Hearing Date: April 26, 2023

Order Issued: 2023-10-19

Termination Date: Not specified

Eviction Deadline: Not specified

ℹ️ Case overview

Case Number: LTB-L-077218-22-SA
Address: 304, 40 Kitney Drive, Ajax Ontario L1S4G3
Form Used: L4
Served By: Letter dated October 20, 2022
Amount Awarded: Not specified
Decision In Favor: Landlord
Application Type: Eviction for breach of settlement terms and aggressive behavior
RTA Sections: Section 78(11)(b), Ontario Human Rights Code, R.SO.O 1990, Chapter H.9

👥 Parties involved

Landlord: Ajax Municipal Housing Corporation
Landlord Rep: David Yun
Tenant: Ian Vanleeuwen
Tenant Rep: Sarah Matthew
Adjudicator: Not specified
Keywords: eviction, breach of settlement, aggressive behavior, mental health, accommodation, Human Rights Code

⚖️ Decision summary

Board considered tenant's mental health but upheld eviction due to risk and past incidents.
Landlord deemed to have fulfilled duty to accommodate to the fullest reasonable extent.

⚠️ Dispute summary

Tenant accused of aggressive incidents on October 4, 7, and 16, 2022.
Tenant did not deny allegations, attributed behavior to medication issues.

📑 Findings & determinations

Order LTB-L-077218-22 set aside not considered unfair.
Tenant's disability recognized, but behavior deemed a risk to others.

💡 Summary points

Tenant breached conditions of a mediated settlement by exhibiting aggressive behavior.
Landlord applied for eviction based on these breaches.
Tenant's behavior linked to untreated paranoid schizophrenia.
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