Contra Proferentem or Contradiction
BACKGROUND The property that is the subject of the landlord’s application is a two-storey duplex with a fully self-contained finished basement. The finished basement has a separate entrance from the backyard and contains a one-bedroom with a kitchen, dining room,...
Good Faith or Good Intention
BACKGROUND The rental unit that is the subject of the landlord’s application consists of a single family home with 4 rental units. At the time that the landlord’s application was filed in or about June 2023, the Member determined that there were two empty rental...
Demolition or Renovation, that is the Question
Background On or about March 27, 2023, upon a request by the tenant, the City of Toronto completed an inspection of the rental complex. The City inspector determined that occupancy of the single-family residential dwelling has been changed to that of a...
Rent Arrears Limitations Period
BLACK J.Overview[1] The appellant appeals from the decision of Deputy Judge Twohig of the Toronto Small Claims Court dated December 5, 2022, with oral reasons given that day. [2] The judgment from which the appeal is brought awarded the appellant $8,400.00 for rental...
N12 outside LTB jurisdiction
THE FACTS The landlord brought a N12/L2 application to terminate the tenancy and evict the tenant. In attendance at the virtual hearing the Landlord with her legal representative and the tenant with his legal representative. The tenant’s two daughters were not named...
Should Delaying The Inevitable Be This Easy?
The Section 1 of the Residential Tenancies Act, 2006 states that the purpose of the Act amongst other things, is to protect tenants. With this in mind, parties should be aware that decisions originating from the Landlord and Tenant Board (LTB) are primarily based with...
The Adversely Evolving N12 Notice for Personal Use
WRITTEN SUBMISSION OF THE TENANTS This submission is respectfully made following the hearing of this matter that was completed held on December 6, 2019, February 26, 2021, and May 25, 2021, and in compliance with the interim order of Member dated May 31, 2021....
Section 83 and the relationship between opposing A2 applications
BACKGROUND 1. The tenant resided in a two-bedroom condominium with a roommate. 2. On July 22, 2019, the tenant notified the landlords that she would be leaving the rental unit on August 1, 2019. She asked the landlords to consent to an assignment of...
Who is a Landlord?
The Applicant submits as follows: 1. The Member made an error of law and fact in his determination of the definition of Landlord that was clearly an unreasonable finding considering the evidence which was before the Member. THE FACTS 2. On or about April 10, 2916, the...
Roommates and the Residential Tenancies Act (RTA) 2006
The Request to Review raised the question of whether Section 61 and 234(x) of the RTA governs the relationship between a tenant and his/her roommate(s) and submits as follows: 1. Does Section 61 and 234(x) govern the relationship between a tenant and his/her roommate...
