Applications (LTB) Section 190 (2)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-24
CLNP Page ID:	2314
Page Categories:	[Hearing Process (LTB)], [Limitations]
Citation:	Applications (LTB) Section 190 (2), CLNP 2314, <https://rvt.link/9y>, retrieved on 2024-11-24
Editor:	P08916
Last Updated:	2023/11/25

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Residential Tenancies Act, 2006, S.O. 2006, c. 17

190 (1) The Board may extend or shorten the time requirements related to making an application under section 126, subsection 159 (2) or section 226 in accordance with the Rules. 2006, c. 17, s. 190 (1).

(2) The Board may extend or shorten the time requirements with respect to any matter in its proceedings, other than the prescribed time requirements, in accordance with the Rules. 2006, c. 17, s. 190 (2).

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

56. The following are time requirements that the Board may not extend or shorten under subsection 190 (2) of the Act:

1. All time requirements related to notice requirements for terminating tenancies.

2. All deadlines for filing applications, other than those which the Board is expressly permitted to extend or shorten under subsection 190 (1) of the Act.

...

SOT-72153-16 (Re), 2016 CanLII 88171 (ON LTB)

14. I find that the Tenant discovered his claim between February 8, 2010, which is the date that he alleges he was prevented from exercising his right to access the unit to remove his belongings, and May 3, 2016, the date on which he filed his defendant’s claim.

15. The Court of Appeal in Joseph v. Paramount Canada’s Wonderland, 2008 ONCA 469 (CanLII), also held that Section 20 of the Limitations Act “preserves the extension, suspension or other variation of a limitation period ‘by or under another Act’”.

16. With respect to the extension of limitation periods under the Act, section 190 provides:

190. (1) The Board may extend or shorten the time requirements related to making an application under section 126, subsection 159 (2) or section 226 in accordance with the Rules. 2006, c. 17, s. 190 (1).

(2) The Board may extend or shorten the time requirements with respect to any matter in its proceedings, other than the prescribed time requirements, in accordance with the Rules. 2006, c. 17, s. 190 (2).

17. The time requirements referred to in subsection 190. (2) are prescribed by section 56 of O. Reg. 516/06, which provides:

56. The following are time requirements that the Board may not extend or shorten under subsection 190 (2) of the Act:

…

2. All deadlines for filing applications, other than those which the Board is expressly permitted to extend or shorten under subsection 190 (1) of the Act.

…

18. In conclusion, I find that the basic limitation period of two years as set out in the Limitations Act applies to applications made pursuant to section 41 of the Act. I find that the Tenant discovered his claim by May 3, 2010, at the latest. I find that filing in the wrong forum does not postpone, suspend or otherwise extend the limitation period for making an application. I find that the Landlord and Tenant Board may not extend the limitation period for filing an application made under section 41 of the Act.