Failure to Provide Particulars (N5): Difference between revisions
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==Ball v. Metro Capital Management Inc., Re, 2002 CarswellOnt 8691<ref name="Ball"/>== | ==Ball v. Metro Capital Management Inc., Re, 2002 CarswellOnt 8691<ref name="Ball"/>== | ||
[11] A notice by a landlord under section 64 of the Act, in addition to being a formal Notice to Terminate a Tenancy Early, is also a "notice to comply". Accordingly, as the tenant has the option "to comply", particulars of the allegations are essential to make the notice meaningful. | |||
[12] Particulars should include dates and times of the alleged offensive conduct, together with a detailed description of the alleged conduct engaged in by the tenant. | |||
[13] In the circumstances of this case, according to the materials, there were problems in the building relating to hot water. Where a landlord alleges a tenant of "harrassing its employees", it is particularly important that the notice clearly sets out sufficient details for a tenant to be put on notice that the particular acts complained of are alleged by the landlord to be "acts of harrassment" as compared to legitimate inquiries of a "rightfully assertive tenant". | |||
[14] The Member of the Tribunal erred in failing to find that the Notice served on the Tenant was invalid for lacking in the required details. | |||
Revision as of 16:18, 10 February 2022
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-09-28 |
| CLNP Page ID: | 1868 |
| Page Categories: | [Defective Notice (LTB)] |
| Citation: | Failure to Provide Particulars (N5), CLNP 1868, <6K>, retrieved on 2024-09-28 |
| Editor: | Sharvey |
| Last Updated: | 2022/02/10 |
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Ball v. Metro Capital Management Inc., Re, 2002 CarswellOnt 8691[1]
[11] A notice by a landlord under section 64 of the Act, in addition to being a formal Notice to Terminate a Tenancy Early, is also a "notice to comply". Accordingly, as the tenant has the option "to comply", particulars of the allegations are essential to make the notice meaningful.
[12] Particulars should include dates and times of the alleged offensive conduct, together with a detailed description of the alleged conduct engaged in by the tenant.
[13] In the circumstances of this case, according to the materials, there were problems in the building relating to hot water. Where a landlord alleges a tenant of "harrassing its employees", it is particularly important that the notice clearly sets out sufficient details for a tenant to be put on notice that the particular acts complained of are alleged by the landlord to be "acts of harrassment" as compared to legitimate inquiries of a "rightfully assertive tenant".
[14] The Member of the Tribunal erred in failing to find that the Notice served on the Tenant was invalid for lacking in the required details.
References
- ↑ 1.0 1.1 Ball v. Metro Capital Management Inc., Re, 2002 CarswellOnt 8691, <https://caselaw.ninja/r/66>, retrieved on 2020-08-31
