Case Study

Dismissal of Eviction Application for Persistent Late Payment

LTB Case LTB-L-051080-22 Analysis

🕑 Case timeline

Application Date: Date not provided

Hearing Date: October 18, 2023

Order Issued: November 10, 2023

Termination Date: Date not provided

Eviction Deadline: Date not provided

ℹ️ Case overview

Case Number: LTB-L-051080-22

Address: 298 LAKE AVE E, CARLETON PLACE ON K7C1J5

Form Used: N8

Served By: Landlords

Amount Awarded: None

Decision In Favor: Tenants

Application Type: Eviction for persistent late payment of rent

RTA Sections: Section 69

👥 Parties involved

Landlord: Randal Stuart Hamelin, Jessica Anita Hamelin

Landlord Rep: Self Represented

Tenant: Robb Hiller, Kelly Hiller

Tenant Rep: Linda Tranter

Adjudicator: Madeline Ntoukas

Keywords: eviction, late payment, N8 notice, dismissal, record keeping

⚖️ Decision summary

Application for eviction dismissed.
Evidence did not meet the required standard of proof.

⚠️ Dispute summary

Dispute over the accuracy of rent payment records.
Tenants argued rent was prepaid, landlords claimed it was late.

📑 Findings & determinations

No conclusive evidence of late payments from January 2022 to August 2022.
Landlords' record keeping found to be inaccurate.

💡 Summary points

Landlords applied to evict tenants for persistent late payment.
Application dismissed due to insufficient evidence of late payments.
N8 notice limitations discussed, only considering Jan 2022 to Aug 2022.

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