Talk:Ownership Interest and N12s: Difference between revisions
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(Created page with "=Notes= In <i>Bruno Malfara v. Jenna Boyd ONLTB CEL-02026-21<ref name="Malfara"/> at para 13: ::<i>13. In this instance, <b><u>the real substance of the transfer of part own...") |
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In <i>Bruno Malfara v. Jenna Boyd ONLTB CEL-02026-21<ref name="Malfara"/> at para 13: | In <i>Bruno Malfara v. Jenna Boyd ONLTB CEL-02026-21<ref name="Malfara"/> at para 13: | ||
::<i>13. In this instance, <b><u>the real substance of the transfer of part ownership of the property to BM was for the sole purpose of evicting the Tenant.</b></u> <span style=background:yellow>The true Landlord was and continues to be a corporation, MM2014, not BM. <b><u>Since MM2014 is not an individual, it cannot give the Tenant a Notice of Termination for owner’s own use.</b></u></span> This interpretation is consistent with the intent of subsection 48(5) which is to deny corporate landlords to evict tenants for Landlord’s own use. | ::<i>13. In this instance, <b><u>the real substance of the transfer of part ownership of the property to BM was for the sole purpose of evicting the Tenant.</b></u> <span style=background:yellow>The true Landlord was and continues to be a corporation, MM2014, not BM. <b><u>Since MM2014 is not an individual, it cannot give the Tenant a Notice of Termination for owner’s own use.</b></u></span> This interpretation is consistent with the intent of subsection 48(5) which is to deny corporate landlords to evict tenants for Landlord’s own use.</i> | ||
::14. As I have found that MM2014, a corporation, is the only genuine Landlord, the N12 Notice of Termination served on August 9, 2021 does not comply with section 48 of the Act.</i> | ::<i>14. As I have found that MM2014, a corporation, is the only genuine Landlord, the N12 Notice of Termination served on August 9, 2021 does not comply with section 48 of the Act.</i> | ||
The core issue that is noted above is the finding that "...Since MM2014 is not an individual, it cannot give the Tenant a Notice of Termination for owner’s own use...", meaning that if this was to be done correctly the landlord should not have listed the corporation in the Notice of Termination (N12). | The core issue that is noted above is the finding that "...Since MM2014 is not an individual, it cannot give the Tenant a Notice of Termination for owner’s own use...", meaning that if this was to be done correctly the landlord should not have listed the corporation in the Notice of Termination (N12). | ||
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<ref name="Malfara">Bruno Malfara v. Jenna Boyd ONLTB CEL-02026-21, <[[File:CEL-02026-21.pdf]]>, retrieved 2023-01-20</ref> | <ref name="Malfara">Bruno Malfara v. Jenna Boyd ONLTB CEL-02026-21, <[[File:CEL-02026-21.pdf]]>, retrieved 2023-01-20</ref> | ||
==References== | |||
Revision as of 18:43, 20 January 2023
Notes
In Bruno Malfara v. Jenna Boyd ONLTB CEL-02026-21[1] at para 13:
- 13. In this instance, the real substance of the transfer of part ownership of the property to BM was for the sole purpose of evicting the Tenant. The true Landlord was and continues to be a corporation, MM2014, not BM. Since MM2014 is not an individual, it cannot give the Tenant a Notice of Termination for owner’s own use. This interpretation is consistent with the intent of subsection 48(5) which is to deny corporate landlords to evict tenants for Landlord’s own use.
- 14. As I have found that MM2014, a corporation, is the only genuine Landlord, the N12 Notice of Termination served on August 9, 2021 does not comply with section 48 of the Act.
The core issue that is noted above is the finding that "...Since MM2014 is not an individual, it cannot give the Tenant a Notice of Termination for owner’s own use...", meaning that if this was to be done correctly the landlord should not have listed the corporation in the Notice of Termination (N12).
References
- ↑ 1.0 1.1 Bruno Malfara v. Jenna Boyd ONLTB CEL-02026-21, <File:CEL-02026-21.pdf>, retrieved 2023-01-20
