Basic Filing Requirements (Applications based on Notices)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-01
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 2024-11-01
Editor:	Sharvey
Last Updated:	2024/04/01

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

71.1 (1) A landlord who, on or after the day subsection 11 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force, files an application under section 69 based on a notice of termination given under section 48 or 49 shall file the affidavit required under subsection 72 (1) at the same time as the application is filed. 2020, c. 16, Sched. 4, s. 11 (1).

(2) The Board shall refuse to accept the application for filing if the landlord has not complied with subsection (1). 2020, c. 16, Sched. 4, s. 11 (1).

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185 (1) An application shall be filed with the Board in the form approved by the Board, shall be accompanied by the prescribed information and shall be signed by the applicant. 2006, c. 17, s. 185 (1).

(2) An applicant may give written authorization to sign an application to a person representing the applicant under the authority of the Law Society Act and, if the applicant does so, the Board may require such representative to file a copy of the authorization. 2006, c. 17, s. 261 (3).

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.

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59. (1) If the Board permits an application to be filed in an electronic format by electronic means, “sign” for the purposes of subsections 185 (1) and (2) and 186 (2) of the Act means to type one’s name on the application, and “signed” and “signs” have a corresponding meaning. O. Reg. 516/06, s. 59 (1).

(2) If the Board permits an application to be filed in an electronic format by electronic means, “shall be accompanied by the prescribed information” in subsection 185 (1) of the Act shall be interpreted as requiring the mailing, faxing or delivery of the prescribed information such that it is received by the Board, or is deemed under the Act to have been given to the Board, within five days following the day on which the application was filed electronically with the Board. O. Reg. 516/06, s. 59 (2).

Landlord and Tenant Board Rules of Procedure

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4.4 Where the LTB permits an application to be filed using TOP, any related Notice of Termination, affidavit, or Certificate of Service must be also uploaded at the time of filing.

4.5 If the Notice of Termination, affidavit or Certificate of Service cannot be uploaded at the same time as the application is filed using TOP, they must be filed with the LTB within 5 calendar days of filing. Failure to file these documents in time may result in administrative dismissal of the application.

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6.6 A landlord's application for compensation for arrears, damage or misrepresentation of income will not be accepted unless the landlord confirms the tenant is in possession of the rental unit.

6.7 An application to terminate a tenancy and evict a tenant for non-payment of rent will not be accepted on or before the termination date in the notice of termination.

6.8 An application to terminate a tenancy and evict a tenant based on a notice to terminate the tenancy pursuant to section 62, 64 or 67 will not be accepted if filed before the seven day remedy period in the notice of termination has expired.

6.9 An application to terminate a tenancy and evict a tenant will not be accepted if filed more than 30 days after the termination date in the notice, unless it is an application based on the tenant's failure to pay rent.

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

Dictionary.com - Re: Accompanied

adjective

having another person along; acting or done with someone as company: The youngest of the accompanied children on that voyage, a 5-year-old boy named Gid, was my great-grandfather.

Music. performing or performed with one or more instruments providing background and support: The 25 singers perform mostly a cappella, with the concluding anthem being the only accompanied piece on the album.

being or existing together with something else (often used in combination): The company's haulage fleet includes a forklift-accompanied trailer for more efficient and trouble-free deliveries.

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:^{[See Note-01 Below]}

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.

^{Note-01: The rule is actually 6.10, not 1.10, the adjudicator made a minor error}

Whitall v Duynisveld, 2021 CanLII 141916 (ON LTB)

1. The Landlord confirmed that he filed an application with the Board after giving the Tenant a second Form N5 notice of termination under subsection 68(1) of the Residential Tenancies Act, 2006 (the ‘Act’). The Landlord also confirmed that the materials I had in my possession on the hearing date are all of the materials the Landlord filed with the Board.

2. The Landlord did not file with the Board a copy of the first Form N5 notice of termination the Landlord gave the Tenant under subsection 64(1) of the Act.

3. Section 53, paragraph 3 of Ontario Regulation 516/06 (‘O.Reg. 516/06’) requires a landlord to file with the Board a copy of the first Form N5 and its Certificate of Service, if the landlord files an application to evict a tenant based on a second Form N5. Subsection 69(1) of the Act also requires a landlord to apply to the Board within 30 days of the date of termination in the notice of termination.

4. In this present case, the Landlord did not file a complete application with the Board, because the Landlord did not file a copy of the first Form N5 notice and its Certificate of Service. Also, because the date of termination in the second Form N5 notice is February 24, 2021 – which second Form N5 led to this application – it is too late for the Landlord to perfect the application.

5. The Board therefore lacks jurisdiction to grant the application.

Muller v Ball, 2021 CanLII 152588 (ON LTB)

1. The Landlord filed two second N5 Notices of termination. One N5 Notice had a termination date of August 10, 2021 and the other had a termination date of September 20, 2021. Both second N5 Notices were non-voidable Notices of termination issued under section 68 of the Act.

2. The Board has no jurisdiction to terminate the tenancy based on a second N5 Notice when a first N5 Notice has not been given to the Tenant pursuant to sections 62 and 64 of the Residential Tenancies Act, 2006 (the 'Act'). The Tenant had no opportunity to void and correct the problem as a voidable first N5 Notice was not given.

3. The Landlord may have given a first N5 back in May 2021 but that Notice was not accompanied to the L2 application as required by section 53 of General, Ontario Regulation 516/06. An application cannot be amended at the hearing in this case nor can the Notice of Termination be corrected.

Sound Property v Sandy, 2021 CanLII 123791 (ON LTB)

Sound Property (the 'Landlord') applied for an order to terminate the tenancy and evict Adam Sandy and Jennifer Acheson (the 'Tenants') because they have been persistently late in paying their rent; and determining that the Tenant’s, occupant or person permitted by the Tenant has substantially interfered with another tenant’s or the landlords reasonable enjoyment of the residential complex or the lawful rights, privileges or interests of the Landlord; The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.

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1. The Tenants do not dispute they have persistently failed to pay the rent on the date it was due.

2. The Landlord did not filed a first Notice of Termination with the application which is a mandatory requirement pursuant to section 53 of O.Reg Ontario 516/06. Furthermore, if a tenant is not given a first Notice of Termination under section 64 of the Residential Tenancies Act, 2006 (the 'Act'), the second N5 Notice is void because the Tenant was not given the opportunity to correct the problem within the seven day time period that would have been given under the first N5 Notice. Serving a second Notice of Termination is not permissible pursuant to Section 67 of the Act.

3. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to grant relief from eviction subject to the condition(s) set out in this order pursuant to subsection 83(1)(a) and 204(1) of the Act. This tenancy started in 2015 and delay in payment of rent was a result of the employment income caused by Covid-19 pandemic. A conditional order is fair to allow the Tenants a chance to preserve this tenancy.