Limitation Period (N5, N6 & N7)
TSL-49701-14 (Re), 2015 CanLII 3157 (ON LTB)[1]
11. The Landlord’s solicitor correctly stated that there exists no time limitation for landlord applications under the Act (unlike tenant applications which have a limitation period of one year). Limitation periods exist in part however because people forget, memories become fuzzy and tend to become less reliable over the course of time.
(...)
13. In any event, if this conclusion is incorrect and the grounds of the application were met, eviction would have been denied pursuant to section 83(1)(a) of the Residential Tenancies Act, 2006 (the ‘Act’).[2] This is because there should be finality and, despite the absence of an applicable limitation period, it would have been unfair to evict the Tenant because of something done a decade ago. It would have been particularly unfair in circumstances where the Landlord should have known about the damage within the knowledge of its agent all along, where the Landlord acquired the property sight unseen four years prior to service the N7 and where he did not inspect the rental unit until 2014.
References
- ↑ 1.0 1.1 TSL-49701-14 (Re), 2015 CanLII 3157 (ON LTB), <https://canlii.ca/t/gg4f6>, retrieved on 2022-07-06
- ↑ 2.0 2.1 Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17>, retrieved 2022-07-06
