Oral Notice

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	1901
Page Categories:	Landlord & Tenant (Residential)
Citation:	Oral Notice, CLNP 1901, <6n>, retrieved on 2024-11-23
Editor:	MKent
Last Updated:	2022/04/09

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TET-84356-17 (Re), 2017 CanLII 94045 (ON LTB)

2. The Landlord orally told the Tenants that she and her family were living with her parents. The parents were planning to sell their own home so the Landlord needed the rental unit to live in.

3. The letter from the Landlord clearly does not constitute proper notice to terminate under section 48 of the Residential Tenancies Act, 2006 (the 'Act'). It is not in the form approved by the Board (see subsection 43(1)) nor does it inform the Tenants of their right to dispute the termination (see subsection 43(2)). But the Tenants did not know that so they set about organizing a move. The Tenants moved out on August 1, 2017.

4. Although the letter given by the Landlord does not constitute proper notice under section 48 of the Act, it is a notice of termination under section 48 for the purposes of s. 57(1)(a). In other words, the Tenants are entitled to make this application. A tenant should not be deprived of the remedies available when a bad faith notice is served just because the landlord failed to serve the notice in the proper form and in compliance with the Act. To decide otherwise would defeat the purpose of section 57 and produce an unjust result.

(...)

21. The total amount the Landlord owes the Tenants under this order is $2,233.34.