Personal Representatives (RTA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-05-12
CLNP Page ID:	2017
Page Categories:	[Contract Law, Leases, & Sub-Letting (LTB)], [Section 2 (RTA)]
Citation:	Personal Representatives (RTA), CLNP 2017, <https://rvt.link/1d>, retrieved on 2024-05-12
Editor:	MKent
Last Updated:	2023/11/08

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

2 (1) In this Act,

...

“landlord” includes,

(a) the owner of a rental unit or any other person who permits occupancy of a rental unit, other than a tenant who occupies a rental unit in a residential complex and who permits another person to also occupy the unit or any part of the unit,

(b) the heirs, assigns, personal representatives and successors in title of a person referred to in clause (a), and

(c) a person, other than a tenant occupying a rental unit in a residential complex, who is entitled to possession of the residential complex and who attempts to enforce any of the rights of a landlord under a tenancy agreement or this Act, including the right to collect rent; (“locateur”)

...

“tenant” includes a person who pays rent in return for the right to occupy a rental unit and includes the tenant’s heirs, assigns and personal representatives, but “tenant” does not include a person who has the right to occupy a rental unit by virtue of being,

(a) a co-owner of the residential complex in which the rental unit is located, or

(b) a shareholder of a corporation that owns the residential complex; (“locataire”)

Estates Administration Act, R.S.O. 1990, c. E.22

1 In this Act,

“court” means the Superior Court of Justice; (“cour”)

“judge” means a judge of the Superior Court of Justice; (“juge”)

“mentally incapable person” means a person who is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian or an attorney for property under a continuing power of attorney for property; (“incapable mental”)

“personal representative” means an executor, an administrator, or an administrator with the will annexed. (“représentant successoral”) R.S.O. 1990, c. E.22, s. 1; 2006, c. 19, Sched. C, s. 1 (1); 2009, c. 33, Sched. 2, ss. 31 (1, 2).

Sarmento v. IA Financial Group, 2022 HRTO 1233 (CanLII)

[6] A “personal representative” is defined in s.1 of the Estates Administration Act, R.S.O. 1990, c. E.22, as “an executor, an administrator, or an administrator with the will annexed.” Pursuant to s. 2 of that legislation, on a person’s death, all real and personal property that does not pass by right of survivorship devolves to and becomes vested in his or her personal representative. Section 7(1) of the Estates Act, R.S.O. 1990, c. E.21, provides that an application for a grant of probate or letter of administration must be “made to the Superior Court of Justice” and then filed with the county or district where the decedent resided.

[7] This Tribunal has determined, where the applicant is deceased, it has no authority to proceed without the appointment of an estate trustee. In Denham v. Hamilton Health Sciences Volunteer Association (“Denham”), 2012 HRTO 858, at paragraph 13 the Tribunal found that its “…general procedural powers cannot override clear and comprehensive statutory provisions that provide for the appointment by a court of a person or persons to control estate’s assets and make decisions on its behalf”. See also, Donaldson v. Waters Edge Care Community, 2017 HRTO 137 and Pankoff v. St. Thomas (City), 2019 HRTO 993.

[8] Though I appreciate the applicant’s submissions, the Application cannot proceed absent a Certificate of Appointment of Estate Trustee, even if the applicant is an executor. See Dorrington v. London Health Sciences Centre, 2018 HRTO 1483.

Canada Business Corporations Act, (R.S.C., 1985, c. C-44)

personal representative means a person who stands in place of and represents another person including, but not limited to, a trustee, an executor, an administrator, a liquidator of a succession, an administrator of the property of others, a guardian or tutor, a curator, a receiver or sequestrator, an agent or mandatary or an attorney;