2709 Lakeshore Holding Inc. v Offei et al - 2024 ONLTB 2711

Dispute Summary

The Landlord applied for an order to terminate the tenancies and evict the Tenants because the Landlord requires vacant possession of the rental units to do major repairs or renovations that require vacant possession.

Determinations

• The Landlord served N13 notices on January 28, 2022 with a termination date of May 31, 2022.
• The L2 applications were filed on February 3, 2022 and 'replacement' L2 applications were filed on March 25, 2023.
• The Landlord did not comply with subsection 71.1(3) of the Residential Tenancies Act, 2006 by identifying all previous N13 notices delivered.
• The LTB shall not accept for filing an L2 application that does not comply with subsection 71.1(3).
• The applications accepted for filing by the LTB in contravention of subsection 71.1(3) are nullities and cannot be the basis for an order under section 69.

Arguments and Actions