False Information (Set Aside)

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Regan v Middaugh, 2021 CanLII 70501 (ON LTB)

19. Based on the evidence before me, I find that the Landlord provided false information to the Tenant and the Tenant signed the agreement based on the statements the Landlord made to her. The parties cannot agree to waive their rights and obligations under the Act. I also find that the Tenant is willing and able to pay the monthly rent, and therefore gains nothing from agreeing to terminate the tenancy. Finally, I find that the Landlord knew or ought to have known that he was providing false information to the Tenant. After considering all of these circumstances, I find that it would not be unfair to set aside the eviction order. The Tenant’s motion should be granted.