Compensation Not Paid (N12 Defense)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-19
CLNP Page ID:	2313
Page Categories:	Personal Use Application (LTB)
Citation:	Compensation Not Paid (N12 Defense), CLNP 2313, <https://rvt.link/a6>, retrieved on 2024-05-19
Editor:	P08916
Last Updated:	2023/11/25

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

48.1 A landlord shall compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if the landlord gives the tenant a notice of termination of the tenancy under section 48. 2017, c. 13, s. 8.

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49.1 (1) A landlord shall compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if,

(a) the landlord gives the tenant a notice of termination of the tenancy on behalf of a purchaser under subsection 49 (1) or (2); and

(b) the notice of termination is given on or after the day the Protecting Tenants and Strengthening Community Housing Act, 2020 receives Royal Assent. 2020, c. 16, Sched. 4, s. 5.

(2) Despite section 18, the obligation to compensate the tenant under subsection (1) remains an obligation of the landlord who gives the notice of termination of the tenancy on behalf of the purchaser and does not become an obligation of the purchaser. 2020, c. 16, Sched. 4, s. 5.

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55.1 If the landlord is required to compensate a tenant under section 48.1, 49.1, 52, 54 or 55, the landlord shall compensate the tenant no later than on the termination date specified in the notice of termination of the tenancy given by the landlord under section 48, 49 or 50. 2017, c. 13, s. 9; 2020, c. 16, Sched. 4, s. 8.

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73.1 (1) If the landlord compensated the tenant under section 48.1, 49.1, 52, 54 or 55, as the case may be, in connection with a notice of termination under section 48, 49 or 50 and the Board refuses to grant an application under section 69 for an order terminating the tenancy and evicting the tenant based on the notice, the Board may order that the tenant pay back the compensation to the landlord. 2017, c. 13, s. 14; 2020, c. 16, Sched. 4, s. 14.

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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.

3. The 24-hour notice required under subsection 27 (1) of the Act.

4. The 72-hour period referred to in subsection 41 (2) of the Act.

5. The six-month periods referred to in subsections 42 (7), 92 (3) and (4) and 162 (4) and (5) of the Act.

6. The 30-day period referred to in subsection 46 (1) of the Act.

7. The period described in subsection 77 (5) of the Act during which an eviction order is not effective.

8. The period described in subsection 80 (1) of the Act, subject to subsection 80 (2) of the Act, during which an eviction order is not effective.

9. The 30-day period referred to in subsection 91 (1) of the Act.

10. The seven-day period referred to in clause 95 (4) (d) of the Act.

11. The 60-day period referred to in subsection 104 (3) of the Act.

12. The 90-day notice period required by sections 116 and 150 of the Act.

13. The 12-month period referred to in subsection 119 (1) of the Act.

14. The five-day period in which an agreement to increase the rent charged may be cancelled under subsection 121 (4) of the Act.

15. The six-day period referred to in subsection 121 (5) of the Act.

16. The one-year period after which rent and rent increases shall be deemed to be lawful under subsections 136 (1) and (2) of the Act.

17. The five-day period in which a tenancy agreement may be cancelled, as described in section 141 of the Act.

18. The 10-day period referred to in subsection 145 (2) of the Act.

19. The 30-day period referred to in subsection 206 (6) of the Act.

20. The 60-day period referred to in paragraph 2 of subsection 3 (3) of this Regulation.

21. The 45-day periods referred to in paragraphs 4 and 5 of subsection 3 (3) of this Regulation. O. Reg. 516/06, s. 56.

Rivera v. Eleveld, 2022 ONSC 446 (CanLII)

[2] The Review Decision confirmed an order of Board Member Dawn Wickett terminating the Appellant’s tenancy and evicting her on the basis of her failure to pay rent. In making this order, Board Member Wickett made a preliminary finding - upheld on review by Board Member Aulbrook - that the Respondent’s Notice of Termination complied with s. 43(1) of the Residential Tenancies Act, 2006, S.O. 2006, c. 17 (the “RTA”).

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[7] We agree with the decision of Board Member Wickett, as confirmed in the Review Decision. The RTA does not define “agent” and uses the term “agent” in many of its provisions that support a broad interpretation of that term. Elsewhere in the RTA, the legislation refers specifically to persons acting under the authority of the Law Society Act. Section 185 of the RTA, which applies to applications filed at the LTB, does so. When a landlord applies for relief to the LTB, the landlord must sign the application or authorize someone licensed under the Law Society Act to do so. The use of an “agent” is not permitted. Here, the property manager did not sign the application to commence proceedings at the LTB.