Affidavit - Minors (N12)

Nagra v Brar, 2022 CanLII 127239 (ON LTB), <https://canlii.ca/t/jv046>, retrieved on 2023-09-01

5. I would note that the affidavit that accompanied the application was sworn by the Landlord, and not his children. The Landlord stated that he did not think it appropriate for his children to swear an affidavit because they are minors. The Act requires that a declaration be filed by the person that requires the unit. Because the Landlord failed to pay the required compensation, I do not need to decide whether a landlord who wishes the unit for the purposes of residential occupation by their minor children falls within the meaning of s. 48, or whether due to the minor status of the children the real substance of the application is the Landlord’s own use. I further do not need to decide whether, assuming a minor can be a person within the meaning s. 48(1)(c), those children would be required to swear an affidavit despite being minors. The Landlord may wish to consider these issues if they intend to refile.