Basic Filing Requirements (Applications based on Notices)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-26
CLNP Page ID:	2316
Page Categories:	[Defective Notice (LTB)], [Hearing Process (LTB)]
Citation:	Basic Filing Requirements (Applications based on Notices), CLNP 2316, <https://rvt.link/9->, retrieved on 2024-11-26
Editor:	Sharvey
Last Updated:	2023/12/18

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O. Reg. 516/06: GENERAL under Residential Tenancies Act, 2006, S.O. 2006, c. 17

53. An application to the Board must be accompanied by the following information:

1. If the application is with respect to a notice of termination on any ground, a copy of the notice of termination and a certificate of service of the notice of termination, if notice was given by the landlord.

2. If the application is with respect to a notice of termination for demolition, conversion repair or severance, in addition to the information required by paragraph 1, evidence, where required, that the landlord paid the necessary compensation required under section 52, 54 or 55 of the Act or found acceptable alternative accommodation for the tenant.

3. If the application is with respect to a notice of termination due to a second contravention in six months, in addition to the information required by paragraph 1, a copy of the original notice of termination and a copy of the certificate of service of the original notice of termination.

4. If the application is made under section 77 of the Act with respect to an agreement to terminate the tenancy, a copy of the agreement.

5. If the application is with respect to a review of a work order under section 226 of the Act, a copy of the work order. O. Reg. 516/06, s. 53.

Landlord and Tenant Board Rules of Procedure

...

1.6 In order to provide the most expeditious and fair determination of the questions arising in any proceeding the LTB may:

a. waive or vary any provision in these Rules and may lengthen or extend any time limit except where prohibited by legislation or a specific Rule;

...

Dictionary.com - Re: Accompanied

adjective

having another person along; acting or done with someone as company: The youngest of the accompanied children on that voyage, a 5-year-old boy named Gid, was my great-grandfather.

Music. performing or performed with one or more instruments providing background and support: The 25 singers perform mostly a cappella, with the concluding anthem being the only accompanied piece on the album.

being or existing together with something else (often used in combination): The company's haulage fleet includes a forklift-accompanied trailer for more efficient and trouble-free deliveries.

Patel v Yussuf, 2021 CanLII 146598 (ON LTB)

1. At the beginning of the hearing I raised a preliminary issue about who received the notice of termination. According to the certificate of service filed with the application, the Landlord prepared the document but did not identify who was served the notice of termination.

2. It was not disputed that the certificate of service did not identify who received the notice of termination.

3. The reason this is problematic is because Reg.516/06 s.53 states that:

An application to the Board must be accompanied by the following information;

1. If the application is with respect to a notice of termination on any ground, a copy of the notice of termination and a certificate of service of the notice of termination, if notice is given by the landlord.

4. LTB Rule 1.10 states that:

An application which is incomplete because it does not include documents required by the RTA, regulations or Rules will not be accepted.

5. Notices of termination must meet the requirement of the regulations. As the notice was not supported by the required documentation, the Landlord’s application must be dismissed.

6. This order contains all of the reasons for the decision within it. No further reasons shall be issued.

It is ordered that:

1. The Landlord’s application is dismissed.

Whitall v Duynisveld, 2021 CanLII 141916 (ON LTB)

1. The Landlord confirmed that he filed an application with the Board after giving the Tenant a second Form N5 notice of termination under subsection 68(1) of the Residential Tenancies Act, 2006 (the ‘Act’). The Landlord also confirmed that the materials I had in my possession on the hearing date are all of the materials the Landlord filed with the Board.

2. The Landlord did not file with the Board a copy of the first Form N5 notice of termination the Landlord gave the Tenant under subsection 64(1) of the Act.

3. Section 53, paragraph 3 of Ontario Regulation 516/06 (‘O.Reg. 516/06’) requires a landlord to file with the Board a copy of the first Form N5 and its Certificate of Service, if the landlord files an application to evict a tenant based on a second Form N5. Subsection 69(1) of the Act also requires a landlord to apply to the Board within 30 days of the date of termination in the notice of termination.

4. In this present case, the Landlord did not file a complete application with the Board, because the Landlord did not file a copy of the first Form N5 notice and its Certificate of Service. Also, because the date of termination in the second Form N5 notice is February 24, 2021 – which second Form N5 led to this application – it is too late for the Landlord to perfect the application.

5. The Board therefore lacks jurisdiction to grant the application.

Muller v Ball, 2021 CanLII 152588 (ON LTB)

1. The Landlord filed two second N5 Notices of termination. One N5 Notice had a termination date of August 10, 2021 and the other had a termination date of September 20, 2021. Both second N5 Notices were non-voidable Notices of termination issued under section 68 of the Act.

2. The Board has no jurisdiction to terminate the tenancy based on a second N5 Notice when a first N5 Notice has not been given to the Tenant pursuant to sections 62 and 64 of the Residential Tenancies Act, 2006 (the 'Act'). The Tenant had no opportunity to void and correct the problem as a voidable first N5 Notice was not given.

3. The Landlord may have given a first N5 back in May 2021 but that Notice was not accompanied to the L2 application as required by section 53 of General, Ontario Regulation 516/06. An application cannot be amended at the hearing in this case nor can the Notice of Termination be corrected.

Sound Property v Sandy, 2021 CanLII 123791 (ON LTB)

Sound Property (the 'Landlord') applied for an order to terminate the tenancy and evict Adam Sandy and Jennifer Acheson (the 'Tenants') because they have been persistently late in paying their rent; and determining that the Tenant’s, occupant or person permitted by the Tenant has substantially interfered with another tenant’s or the landlords reasonable enjoyment of the residential complex or the lawful rights, privileges or interests of the Landlord; The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.

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1. The Tenants do not dispute they have persistently failed to pay the rent on the date it was due.

2. The Landlord did not filed a first Notice of Termination with the application which is a mandatory requirement pursuant to section 53 of O.Reg Ontario 516/06. Furthermore, if a tenant is not given a first Notice of Termination under section 64 of the Residential Tenancies Act, 2006 (the 'Act'), the second N5 Notice is void because the Tenant was not given the opportunity to correct the problem within the seven day time period that would have been given under the first N5 Notice. Serving a second Notice of Termination is not permissible pursuant to Section 67 of the Act.

3. I have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would not be unfair to grant relief from eviction subject to the condition(s) set out in this order pursuant to subsection 83(1)(a) and 204(1) of the Act. This tenancy started in 2015 and delay in payment of rent was a result of the employment income caused by Covid-19 pandemic. A conditional order is fair to allow the Tenants a chance to preserve this tenancy.