Limitations - Re: Collection of Arrears (LTB)

Lopera v. Margosutjahjo, 2020 ONSC 7436 (CanLII)

[14] The Act contains no limitation period for the collection of arrears, although the legislation does have limitation periods for other remedies. For example, pursuant to s. 69 there is a limitation on how long after a notice to terminate the landlord can seek an order terminating the tenancy (30 days), but s. 69(3) says this does not apply if the application is regarding a failure to pay rent. As well, s. 29(2) puts a one-year limitation on applications with respect to the obligation to maintain. In other words, the absence of a limitation period concerning claims for arrears of rent is not a void that should be filled with the doctrine of laches but a legislative choice.