Tenant Under a Disability (Personal Representatives)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-04-30
CLNP Page ID:	2302
Page Categories:	Contract Law, Leases, & Sub-Letting (LTB)
Citation:	Tenant Under a Disability (Personal Representatives), CLNP 2302, <https://rvt.link/9k>, retrieved on 2024-04-30
Editor:	Sharvey
Last Updated:	2023/11/08

Residential Tenancies Act, 2006, S.O. 2006, c. 17

2 (1) In this Act,

...

“tenant” includes a person who pays rent in return for the right to occupy a rental unit and includes the tenant’s heirs, assigns and personal representatives, but “tenant” does not include a person who has the right to occupy a rental unit by virtue of being,

(a) a co-owner of the residential complex in which the rental unit is located, or

(b) a shareholder of a corporation that owns the residential complex; (“locataire”)

Powers of Attorney Act, R.S.O. 1990, c. P.20

1 In this Act, “attorney” means the donee of a power of attorney or where a power of attorney is given to two or more persons, whether jointly or severally or both, means any one or more of such persons. R.S.O. 1990, c. P.20, s. 1; 1992, c. 32, s. 24 (1).

2 A general power of attorney for property is sufficient authority for the donee of the power or, where there is more than one donee, for the donees acting jointly or acting jointly and severally, as the case may be, to do on behalf of the donor anything that the donor can lawfully do by an attorney, subject to such conditions and restrictions, if any, as are contained therein. R.S.O. 1990, c. P.20, s. 2; 1992, c. 32, s. 24 (2) .

Substitute Decisions Act, 1992, S.O. 1992, c. 30

31 (1) A guardian of property has power to do on the incapable person’s behalf anything in respect of property that the person could do if capable, except make a will. 1992, c. 30, s. 31 (1).

...

31.1 Any person who has personal information about an incapable person to which the incapable person would be entitled to have access if capable, including health information and records, shall disclose it to the incapable person’s guardian of property on request. 2006, c. 19, Sched. B, s. 22 (4).

...

67 (1) Section 66, except subsections 66 (15) and (16), applies with necessary modifications to an attorney who acts under a power of attorney for personal care. 1996, c. 2, s. 44.

Morguard Nar Canada Limited Partnership v Turner, 2020 CanLII 116567 (ON LTB)

Can I consider whether the Tenant had the mental capacity to consent to terminate the tenancy?

7. I am not persuaded that I have the jurisdiction to consider whether the Tenant had mental capacity on February 6, 2020. The Tenant was represented by a licensed paralegal. It was C.B.’s responsibility to assess the Tenant’s capacity to understand his advice and to instruct him. C.B. appeared before the Board and requested a consent order. The Board and the Landlord were entitled to assume that C.B. had been validly instructed to take that action.

8. Although the Board Member asked the Tenant on the record whether he understood and consented to the proposed order, I do not think it was necessary for the Member to take that step. Where a party is represented, their representative speaks on their behalf. C.B.’s statement that his client consented would have been sufficient.

9. If C.B. acted without valid instructions, then that would be an issue between the Tenant and C.B., and outside my jurisdiction.