Ownership Interest and N12s

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-06-03
CLNP Page ID:	2050
Page Categories:	[Personal Use Application (LTB)]
Citation:	Ownership Interest and N12s, CLNP 2050, <>, retrieved on 2024-06-03
Editor:	Sharvey
Last Updated:	2023/01/20

G3 Harmonic Inc. v Raddie, 2022 CanLII 57969 (ON LTB)

1. The application is based on a Notice of Termination (N12) served on the Tenants on November 26, 2020 with a termination date of January 31, 2021, because the Landlords’ child required possession of the rental unit for the purpose of residential occupation pursuant to s. 48 (1) of the Residential Tenancies Act , 2006 (the “Act’).

2. At the outset of the hearing the representative for the Tenant raised the issue of corporate ownership of the rental complex and the fact the N12 was served on behalf of a corporation, specifically G3 Harmonic Inc

3. The Rental Agreement dated August 14, 2014 between the parties identifies G3 Harmonic Inc as the Landlord. The Notice of Termination (N12) served on the Tenants identifies the Landlord as G3 Harmonic Inc. and the application was filed in the name of G3 Harmonic Inc and Gail Tapiero.

4. The Tenants’ Representative also submitted a copy of the Land Registry for the rental address. On November 16, 2020 G3 Harmonic. Inc transferred 1% of ownership to Yael Tapiero. Yael Tapiero is not listed on Notice of Termination nor the application as a landlord.

5. On September 1, 2017, section 48(5) of the Act came into effect pursuant to the Rental Fairness Act, 2017. This provision provides that an own use notice under subsection 48(1) may only be given if the rental unit is owned in whole or in part by an individual and that the landlord is an individual:

48 (5) This section does not authorize a landlord to give notice of termination of a tenancy with respect to a rental until unless,

(a) the rental unit is owned in whole or in part by an individual: and

(b) the landlord is an individual.

5. Although G3 Harmonic Inc may be owned in whole or in part by an individual, the Agents were not listed on the Notice of Termination, nor the application. There is no authority in the Act to amend a notice of termination. As a result, I find the N12 is invalid and the application is dismissed.