Landlord's Application Dismissed: 1213763/1319399 Ontario Inc v Odagwe
LTB Ruling: Landlord's Early Filing Leads to Dismissed Application
Summarized by RentZenLast updated: July 22, 2024
Case Summary
805 Lycee Place, Ottawa, ON K1G4E2
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2021
Hearing Date
Jan 2022
Order Date
Feb 1, 2022
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord filed the application two days before the second N5 Notice was deemed received by the Tenant.
Determinations
- Landlord cannot file under Section 69 if application filed before valid Notice given
- Landlord filed application 2 days before second N5 Notice was deemed received
- N5 Notice is deemed given 5 days after mailing
- N5 Notice is deemed valid if contents came to Tenant's attention within required time
Case Study
The Landlord filed the application before the second N5 Notice was deemed received by the Tenant, which conflicts with the principle of procedural fairness. The Landlord cannot file under Section 69 of the Act for an order terminating the tenancy in this case.
Arguments and Actions
Landlord
Procedural Errors
The Landlord filed the application before the second N5 Notice was deemed received by the Tenant, which conflicts with the principle of procedural fairness.
Decision Summary
The Landlord's application is dismissed.
Adjudicator Details
LTB Member
Total Orders
938
Landlord Favorable
84.0%
Tenant Favorable
10.3%
Mutual Agreement
5.7%
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Financial Details
Source
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