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Case Study

LTB Order on Illegal Retention of Money Dismissed

Case LTB-T-009456-23 - Patel v Akbar

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-10-18

Order Issued: 2023-11-08

Termination Date: Date not provided

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-T-009456-23
Address: 2452 ROSEDROP PATH, OSHAWA ON L1L0L2
Form Used: N12
Served By: Phone call and WhatsApp text messages
Amount Awarded: None
Decision In Favor: Landlord
Application Type: Application for illegal collection or retention of money
RTA Sections: Section 49, Section 49.1, Section 202, Section 212

👥 Parties involved

Landlord: Abbas Akbar
Landlord Rep: Self Represented
Tenant: Kathan Patel
Tenant Rep: Self Represented
Adjudicator: Elan Shemtov
Keywords: illegal collection, retention of money, N12 notice, substantial compliance, dismissed

⚖️ Decision summary

Application dismissed due to lack of evidence and non-compliance with formal notice requirements.

⚠️ Dispute summary

Tenant alleges illegal retention of money by landlord.
Landlord allegedly demanded tenant to leave without formal N12 notice.

📑 Findings & determinations

Tenant did not prove allegations on a balance of probabilities.
No formal written N12 notice was served; only demands via phone and text.

💡 Summary points

Tenant's application dismissed.
No substantial compliance with N12 notice requirements.
Landlord did not attend the hearing.
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🧑‍⚖️ Same adjudicator

Elan Shemtov