Basic Filing Requirements (Applications based on Notices)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	2316
Page Categories:	[Defective Notice (LTB)], [Hearing Process (LTB)]
Citation:	Basic Filing Requirements (Applications based on Notices), CLNP 2316, <https://rvt.link/9->, retrieved on 2024-11-23
Editor:	P08916
Last Updated:	2023/11/26

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O. Reg. 516/06: GENERAL under Residential Tenancies Act, 2006, S.O. 2006, c. 17

53. An application to the Board must be accompanied by the following information:

1. If the application is with respect to a notice of termination on any ground, a copy of the notice of termination and a certificate of service of the notice of termination, if notice was given by the landlord.

2. If the application is with respect to a notice of termination for demolition, conversion repair or severance, in addition to the information required by paragraph 1, evidence, where required, that the landlord paid the necessary compensation required under section 52, 54 or 55 of the Act or found acceptable alternative accommodation for the tenant.

3. If the application is with respect to a notice of termination due to a second contravention in six months, in addition to the information required by paragraph 1, a copy of the original notice of termination and a copy of the certificate of service of the original notice of termination.

4. If the application is made under section 77 of the Act with respect to an agreement to terminate the tenancy, a copy of the agreement.

5. If the application is with respect to a review of a work order under section 226 of the Act, a copy of the work order. O. Reg. 516/06, s. 53.

Patel v Yussuf, 2021 CanLII 146598 (ON LTB)

1. At the beginning of the hearing I raised a preliminary issue about who received the notice of termination. According to the certificate of service filed with the application, the Landlord prepared the document but did not identify who was served the notice of termination.

2. It was not disputed that the certificate of service did not identify who received the notice of termination.

3. The reason this is problematic is because Reg.516/06 s.53 states that:

An application to the Board must be accompanied by the following information;

1. If the application is with respect to a notice of termination on any ground, a copy of the notice of termination and a certificate of service of the notice of termination, if notice is given by the landlord.

4. LTB Rule 1.10 states that:

An application which is incomplete because it does not include documents required by the RTA, regulations or Rules will not be accepted.

5. Notices of termination must meet the requirement of the regulations. As the notice was not supported by the required documentation, the Landlord’s application must be dismissed.

6. This order contains all of the reasons for the decision within it. No further reasons shall be issued.

It is ordered that:

1. The Landlord’s application is dismissed.