L10 Application - Service: Difference between revisions
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Revision as of 15:59, 6 October 2025
🥷 Caselaw.Ninja, Riverview Group Publishing 2025 © | |
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Date Retrieved: | 2025-10-07 |
CLNP Page ID: | 2530 |
Page Categories: | Pleadings, Hearing Process (LTB) |
Citation: | L10 Application - Service, CLNP 2530, <https://rvt.link/gh>, retrieved on 2025-10-07 |
Editor: | MKent |
Last Updated: | 2025/10/06 |
De queiroz v Monthgomery, 2025 ONLTB 59346 (CanLII)[1]
1. As explained below, the Landlord’s application is dismissed because the Landlord has failed to serve the Former Tenant with the application and Notice of Hearing at least 30 days before the hearing in accordance with the LTB's Rules of Procedure.
2. The Landlord’s L10 application was filed on October 11, 2023. Per the application, the Former Tenant vacated the rental unit on January 31, 2023.
3. Rule 5.8 of the LTB's Rules of Procedure states:
- 5.8 A landlord’s Application to Collect Money a Former Tenant Owes and the Notice of Hearing must be served at least 30 days before the hearing date set in the Notice of Hearing.
(...)
6. Despite the Landlord receiving notice of hearing on March 13, 2025, the Landlord’s representative only served the Former Tenant with a copy of the July 28, 2025 notice of hearing and the L10 application on July 2, 2025, which is less than 30 days prior to the hearing.
(...)
10. The Landlord was previously given an opportunity to comply with the Board’s rules and ensure that the required service was perfected, but despite this, the Landlord failed to properly serve the notice of hearing and application on the Former Tenant for the second hearing date. I find that adjourning the matter a second time would offend the Board’s mandate under section 183 of the Act as the Landlord has not provided a reasonable explanation for failing to comply with the Board’s Rules.
Harris v Comeau, 2025 ONLTB 51528 (CanLII)[2]
1. At the outset of the hearing, the I raised a preliminary issue with respect to service of the L10 application and Notice of Hearing pursuant to Rule 5.9 of the Board’s Rules of Procedure. The Landlord did not provide a copy of the certificate of service of the Landlord serving the Former Tenant of the L10 application and the Notice of Hearing 20 days before the hearing date as required.
2. The application was originally filed on January 14, 2025. In this time the Landlord was unable to serve the Former Tenant. The Landlord stated that they were unaware that they had to serve the Former Tenant and did not serve the Former Tenant the required documents as they believed the Board shall serve the Former Tenant.
(...)
4. As the Landlord had testified that they had not served the L10 application or the Notice of Hearing, the L10 application must be dismissed.
- ↑ 1.0 1.1 De queiroz v Monthgomery, 2025 ONLTB 59346 (CanLII), <https://canlii.ca/t/kff21>, retrieved on 2025-10-06
- ↑ 2.0 2.1 Harris v Comeau, 2025 ONLTB 51528 (CanLII), <https://canlii.ca/t/kf4ps>, retrieved on 2025-10-06