Notice of Termination (Evidence)

TNL-09809-18 (Re), 2020 CanLII 61083 (ON LTB)

28. There was no evidence presented that pertained to the specific voiding period. I am not entitled to evict a Tenant without specific evidence about the voiding period.

29. The above principle has been eloquently stated in the Divisional Court decision in Daley v. Linton, 2018 ONSC 5095. In that case, it was stated that eviction is only available on strict proof of the facts on which eviction is based, and that it is an “error of law for the Board to evict a tenant under an N5 process without considering whether there are facts that void the notice.”

30. In that case, there was no evidence that the Board had turned its mind to whether the notice had been voided. Similarly, in this case, the Landlord did not lead any evidence at all about the voiding period of the N5 Notice of Termination.

31. Consequently, I must dismiss the Landlord’s application.