Unforeseen Circumstances: Difference between revisions
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==TSL-72425-16-SA (Re), 2016 CanLII 39790 (ON LTB)<ref name="72425-16-SA"/>== | |||
11. <b><u>In my view, the purpose of subsection 78(11) of the Act is to capture situations where after the order, something unforeseen/unexpected or beyond the tenants’ control occurred which made it impossible for the tenants to comply with the order.</b></u> In this case, the Tenants want me to accept that the unforeseen event is that they had additional expenses due to their daughter’s medical condition. I do not accept that this was an unforeseen event. I say this because this issue arose on March 18, 2016 which was three days prior to the hearing. When the Tenants proposed the payment plan, they knew or ought to have known about these expenses from March 18, 2016 and should have taken this into consideration when they proposed and agreed to the payment plan. Also, the Tenants confirmed that they had funds but chose to use the funds towards other expenses. I appreciate the Tenants have other expenses, but they should have ensured that some funds were directed towards the arrears on March 26, 2016. | |||
==References== | |||
<ref name="72425-16-SA">TSL-72425-16-SA (Re), 2016 CanLII 39790 (ON LTB), <https://canlii.ca/t/gsb0q>, retrieved on 2022-03-16</ref> | |||
Revision as of 16:58, 16 March 2022
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-24 |
| CLNP Page ID: | 1889 |
| Page Categories: | Set Aside |
| Citation: | Unforeseen Circumstances, CLNP 1889, <6b>, retrieved on 2024-11-24 |
| Editor: | MKent |
| Last Updated: | 2022/03/16 |
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TSL-72425-16-SA (Re), 2016 CanLII 39790 (ON LTB)[1]
11. In my view, the purpose of subsection 78(11) of the Act is to capture situations where after the order, something unforeseen/unexpected or beyond the tenants’ control occurred which made it impossible for the tenants to comply with the order. In this case, the Tenants want me to accept that the unforeseen event is that they had additional expenses due to their daughter’s medical condition. I do not accept that this was an unforeseen event. I say this because this issue arose on March 18, 2016 which was three days prior to the hearing. When the Tenants proposed the payment plan, they knew or ought to have known about these expenses from March 18, 2016 and should have taken this into consideration when they proposed and agreed to the payment plan. Also, the Tenants confirmed that they had funds but chose to use the funds towards other expenses. I appreciate the Tenants have other expenses, but they should have ensured that some funds were directed towards the arrears on March 26, 2016.
References
- ↑ 1.0 1.1 TSL-72425-16-SA (Re), 2016 CanLII 39790 (ON LTB), <https://canlii.ca/t/gsb0q>, retrieved on 2022-03-16
