Wrong Box Marked

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-24
CLNP Page ID:	1853
Page Categories:	Defective Notice (LTB)
Citation:	Wrong Box Marked, CLNP 1853, <5x>, retrieved on 2024-11-24
Editor:	MKent
Last Updated:	2022/02/01

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TEL-98098-19 (Re), 2019 CanLII 87790 (ON LTB)

3. The N5 notice dealt with some damages issues and also tried to deal with interference to reasonable enjoyment however in the latter it has been dismissed as the form did not properly indicate it (not marked off).

TSL-87869-17 (Re), 2017 CanLII 142725 (ON LTB)

16. The grounds for eviction listed in sections 62, 64 and 67 of the Act are all subject to a tenant’s right to void the notice by ceasing the impugned behaviour or complying with its requirements within a seven-day voiding period.

17. Notices under section 68 of the Act are often referred to as “second notices” because a landlord cannot use that provision to serve a notice unless a tenant has previously been served a voidable notice and has voided it within the previous six months.

18. Therefore, when a landlord completes an N5 notice, he or she must indicate on the notice each ground relied on whether or not the notice is a “first notice”, that is a voidable N5 notice under sections 62, 64 or 67 of the Act, or a non-voidable “second notice” under section 68.

19. This was not the case here and, as such, the N5 notice served to the Tenant on August 8th fails to convey to the Tenant the legal basis or grounds for the eviction sought.

20. As the Landlord’s N5 notice here is incomplete by failing to inform the Tenant whether he is seeking to evict her pursuant to sections 62, 64 and 67 of the Act or pursuant to section 68 of the Act, the Landlord’s N5 notice is invalid.

21. As the within application is based on an invalid notice, it must be dismissed.