Certificate of Service - Error (LTB)
From Riverview Legal Group
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-04-29 |
| CLNP Page ID: | 2205 |
| Page Categories: | Landlord & Tenant (Residential) |
| Citation: | Certificate of Service - Error (LTB), CLNP 2205, <https://rvt.link/5t>, retrieved on 2024-04-29 |
| Editor: | MKent |
| Last Updated: | 2023/05/17 |
Jones v Ecker, 2021 CanLII 147274 (ON LTB)[1]
6. Even if I accept that the Tenant did receive a 2nd N12 notice with a corrected termination date, on the face of the documents submitted by the Landlord in this application there are fatal errors:
- a. When I turn to the N12 with the Termination date of May 31, 2021, the rental address is not complete and regular on its face. Therefore, I find that the N12 does not comply with section 43(1) of the Act which requires the rental unit address must be identified on a notice of termination. By failing to include the Province of Ontario, the address is incomplete on the N12.
- b. Another error is that the Landlord has certified on the Certificate of Service that she will serve a document 10 days into the future.
7. Accordingly, the Landlord’s L2 application does not meet the requirements of the Act since there were fatal errors on both the 2nd N12 notice of termination and the Certificate of Service, thus the application is dismissed.
References
- ↑ 1.0 1.1 Jones v Ecker, 2021 CanLII 147274 (ON LTB), <https://canlii.ca/t/jnmq8>, retrieved on 2023-05-17
