False Information (Set Aside)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-21
CLNP Page ID:	2226
Page Categories:	Set Aside
Citation:	False Information (Set Aside), CLNP 2226, <https://rvt.link/6p>, retrieved on 2024-05-21
Editor:	MKent
Last Updated:	2023/06/29

Regan v Middaugh, 2021 CanLII 70501 (ON LTB)

14. In these circumstances, the Landlord could, and should have, served the Tenant with a notice of termination pursuant to subsection 50(1)(c) of the Act. This notice of termination would then trigger the Landlord’s obligation to file an application with the Board and the parties would have had an opportunity to appear at a hearing. It would then have been up to the Board to decide whether to terminate the tenancy after hearing evidence and submissions for and against each side.

15. More importantly, a tenant is entitled as of right to move back into a renovated rental unit at the same rent once extensive renovations are complete. (See s. 50(3) of the Act).) Further, landlords and tenants cannot agree to waive their rights and obligations under the Act. (See: sections 3 and 4.)

16. In short, when the Landlord informed the Tenant that she had to move out because of the planned renovations and would not be able to move back in when they were completed, he gave false information to the Tenant about his own legal obligations and the Tenant’s legal rights. The Landlord gave the Tenant this false information before the agreement was signed and these statements are what induced the Tenant to sign the agreement.

(...)

19. Based on the evidence before me, I find that the Landlord provided false information to the Tenant and the Tenant signed the agreement based on the statements the Landlord made to her. The parties cannot agree to waive their rights and obligations under the Act. I also find that the Tenant is willing and able to pay the monthly rent, and therefore gains nothing from agreeing to terminate the tenancy. Finally, I find that the Landlord knew or ought to have known that he was providing false information to the Tenant. After considering all of these circumstances, I find that it would not be unfair to set aside the eviction order. The Tenant’s motion should be granted.