Failure to Disclose Prior N12s

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2025-02-22
CLNP Page ID:	2470
Page Categories:	[Personal Use Application (LTB)]
Citation:	Failure to Disclose Prior N12s, CLNP 2470, <https://rvt.link/f3>, retrieved on 2025-02-22
Editor:	Sharvey
Last Updated:	2025/02/13

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Hassan v Tunney, 2025 ONLTB 6695

4. The Landlord agreed that the original declaration did not include those other N12 Notices. They submitted that they were not properly served on the Tenants, and therefore they served a new N12 Notice and submitted this application.

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6. I disagree with the Tenant submission that the termination date is the relevant date to determine which prior notices to include in the application. The Act clearly states that it is the “date the notice was given” as the determinative date to list all prior applications.

7. I have reviewed the decision in Lakeshore. I am not aware that this has been followed in other decisions issued by the Board. It is not binding on me, and I am not persuaded by it. I would note that in prior decisions Vice-Chair Shea determined that where the Landlord did not disclose prior notices that the Board is prohibited from evicting a tenant. See Said v Lyons, 2023 ONLTB 53473 (CanLII) and Star Towers Ltd v Wakunick-Fuery et al, 2023 ONLTB 64356 (CanLII). Both decisions state:

8. In my view, the correct way to interpret subsection 71.1(4) of the RTA is to prohibit the LTB from making an order under section 69 terminating the tenancy and evicting the tenant where it is established that the landlord has not complied with subsection 71.1(3).

9. The LTB’s Rules of Procedure require that a landlord specify: (a) the LTB file number, if any, associated with any previously delivered N12 or N13 notices; and, in the case of a notice delivered under section 50, (b) the intended activity for which the notice was delivered. [Rules of Procedure, Rule 4.10]

10. These provisions are intended to ensure that the tenant has full knowledge of all previously delivered N12 and N13 notices and the LTB has the evidence required to determine whether the landlord delivered the relevant termination notice in good faith. Subsection 73(2) of the RTA says:

73 (2) In determining the good faith of the landlord in an application described in subsection (1), the Board may consider any evidence the Board considers relevant that relates to the landlord’s previous use of notices of termination under section 48, 49 or 50 in respect of the same or a different rental unit