Rescind Notice of Termination (N9)

TET-88074-18 (Re), 2018 CanLII 113147 (ON LTB)

28. So the first question for the Board is whether or not the evidence is sufficient to make a finding that the Tenant did not understand that he was ending his tenancy when he signed the Form N9.

29. Based on the evidence before the Board I accept that the Tenant regrets the decision now but I do not accept the argument that he did not understand he was ending his tenancy. The Support Worker testified that after she read the notice to him line by line she asked him if he understood what signing it would mean. He replied that it meant he would be ending his tenancy. That is convincing evidence of capacity to terminate a tenancy. In other words, he understood it meant he would be moving. The fact that he may not have understood what was waiting for him in the long-term care setting and might not have consented to terminate the tenancy if he did does not negate the evidence that he understood the nature of the document he was signing and the consequences of doing so.

...

35. The doctrine of undue influence leads to rescission of contracts where:

… one party is deemed not to have exercised its free and independent judgment in entering into the contract because another party exercised improper influence on him…

Cases of undue influence are divided into two broad categories. Presumed undue influence covers cases where the transaction at issue occurred between parties involved in specific relationships. Transactions occurring outside the bounds of these relationships fall into the category of undue influence.

… in cases of presumed undue influence, the presumption requires that the transaction is one that calls for an explanation in the sense that it is a transaction that ::lies beyond transaction ordinarily encountered in such relationships.

A. S. and J. A. (Contributors), Halsbury’s Laws of Canada – Contracts (2013 Reissue) at HCO-145.

[Emphasis in original.]