Substantial Compliance (Affidavit N12)

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Date Retrieved:	2024-05-21
CLNP Page ID:	2365
Page Categories:	[Hearing Process (LTB)]
Citation:	Substantial Compliance (Affidavit N12), CLNP 2365, <>, retrieved on 2024-05-21
Editor:	Sharvey
Last Updated:	2024/04/02

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

212 Substantial compliance with this Act respecting the contents of forms, notices or documents is sufficient. 2006, c. 17, s. 212.

TSL-75466-16 (Re), 2016 CanLII 71279 (ON LTB)

6. The applicable statutory notice provisions above are mandatory in nature and require strict compliance (Re Bianchi et al. and Aguanno et al., 1983 CanLII 1967 (ON SC)). In Re Bianchi, supra, the termination date was not at the end of the term as mandatorily required by the Act, so the Divisional Court found the notice defective. Here, the identification of the rental unit is, similarly, a mandatory requirement of the Act.

7. I considered s. 212 of the Act, which provides that substantial compliance with the Act respecting the contents of forms, notices or documents is sufficient. However, in my opinion, while the application of s. 212 to situations of non-compliance with non-mandatory requirements of the Act may be appropriate, a parallel application of that section to mandatory legislative requirements amounts to an error in law, could not have been an exercise contemplated by the drafters of the legislation and would lead to absurd results. For example, in the instant case, given that at the time when the N4 notice was served, the unit was not designated as “2A”, the application of s. 212 would allow the Landlord to bring the unit into harmony with the N4 notice after the notice was served.