Requirements of a Second N5 (L2 Application)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-24
CLNP Page ID:	1905
Page Categories:	[Defective Notice (LTB)]
Citation:	Requirements of a Second N5 (L2 Application), CLNP 1905, <6r>, retrieved on 2024-11-24
Editor:	Sharvey
Last Updated:	2022/04/18

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TSL-83255-17 (Re), 2017 CanLII 60288 (ON LTB)

1. The application is based on two N5 Notices of Termination that the Landlord served upon the Tenant. The Landlord served the first N5 on January 26, 2017 (the “First N5”) and the Landlord served the second N5 on March 8, 2017 (the “Second N5”). In both notices, the Landlord claims that the Tenant, an occupant or a guest of the rental unit substantially interfered with the reasonable enjoyment or a lawful right, interest or privilege of the Landlord or another tenant.

2. The application is dismissed because the Landlord did not prove the allegations in the First N5 on a balance of probabilities. The Second N5 is invalid and cannot form the basis of the application.