Compensation Not Paid (N12 Defense)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-27
CLNP Page ID:	2313
Page Categories:	Personal Use Application (LTB)
Citation:	Compensation Not Paid (N12 Defense), CLNP 2313, <https://rvt.link/a6>, retrieved on 2024-11-27
Editor:	P08916
Last Updated:	2023/11/25

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

48.1 A landlord shall compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if the landlord gives the tenant a notice of termination of the tenancy under section 48. 2017, c. 13, s. 8.

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49.1 (1) A landlord shall compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if,

(a) the landlord gives the tenant a notice of termination of the tenancy on behalf of a purchaser under subsection 49 (1) or (2); and

(b) the notice of termination is given on or after the day the Protecting Tenants and Strengthening Community Housing Act, 2020 receives Royal Assent. 2020, c. 16, Sched. 4, s. 5.

(2) Despite section 18, the obligation to compensate the tenant under subsection (1) remains an obligation of the landlord who gives the notice of termination of the tenancy on behalf of the purchaser and does not become an obligation of the purchaser. 2020, c. 16, Sched. 4, s. 5.

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73.1 (1) If the landlord compensated the tenant under section 48.1, 49.1, 52, 54 or 55, as the case may be, in connection with a notice of termination under section 48, 49 or 50 and the Board refuses to grant an application under section 69 for an order terminating the tenancy and evicting the tenant based on the notice, the Board may order that the tenant pay back the compensation to the landlord. 2017, c. 13, s. 14; 2020, c. 16, Sched. 4, s. 14.

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190 (1) The Board may extend or shorten the time requirements related to making an application under section 126, subsection 159 (2) or section 226 in accordance with the Rules. 2006, c. 17, s. 190 (1).

(2) The Board may extend or shorten the time requirements with respect to any matter in its proceedings, other than the prescribed time requirements, in accordance with the Rules. 2006, c. 17, s. 190 (2).

Rivera v. Eleveld, 2022 ONSC 446 (CanLII)

[2] The Review Decision confirmed an order of Board Member Dawn Wickett terminating the Appellant’s tenancy and evicting her on the basis of her failure to pay rent. In making this order, Board Member Wickett made a preliminary finding - upheld on review by Board Member Aulbrook - that the Respondent’s Notice of Termination complied with s. 43(1) of the Residential Tenancies Act, 2006, S.O. 2006, c. 17 (the “RTA”).

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[7] We agree with the decision of Board Member Wickett, as confirmed in the Review Decision. The RTA does not define “agent” and uses the term “agent” in many of its provisions that support a broad interpretation of that term. Elsewhere in the RTA, the legislation refers specifically to persons acting under the authority of the Law Society Act. Section 185 of the RTA, which applies to applications filed at the LTB, does so. When a landlord applies for relief to the LTB, the landlord must sign the application or authorize someone licensed under the Law Society Act to do so. The use of an “agent” is not permitted. Here, the property manager did not sign the application to commence proceedings at the LTB.