Failure to Provide Particulars (N5)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-09-28
CLNP Page ID:	1868
Page Categories:	[Defective Notice (LTB)]
Citation:	Failure to Provide Particulars (N5), CLNP 1868, <6K>, retrieved on 2024-09-28
Editor:	Sharvey
Last Updated:	2022/02/10

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Ball v. Metro Capital Management Inc., Re, 2002 CarswellOnt 8691

[11] A notice by a landlord under section 64 of the Act, in addition to being a formal Notice to Terminate a Tenancy Early, is also a "notice to comply". Accordingly, as the tenant has the option "to comply", particulars of the allegations are essential to make the notice meaningful.

[12] Particulars should include dates and times of the alleged offensive conduct, together with a detailed description of the alleged conduct engaged in by the tenant.

[13] In the circumstances of this case, according to the materials, there were problems in the building relating to hot water. Where a landlord alleges a tenant of "harrassing its employees", it is particularly important that the notice clearly sets out sufficient details for a tenant to be put on notice that the particular acts complained of are alleged by the landlord to be "acts of harrassment" as compared to legitimate inquiries of a "rightfully assertive tenant".

[14] The Member of the Tribunal erred in failing to find that the Notice served on the Tenant was invalid for lacking in the required details.