Last updated: July 22, 2024
Ordered by Robert Patchett,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
Agree with the ruling?
Citation: Garcia v Fournier, 2024 ONLTB 13667
File Number: LTB-L-053990-23
Hearing Date
Feb 2024
Order Date
Mar 1, 2024
The Landlord's application is dismissed. The Board found that the Landlord's service of an N7 notice while an N5 notice was still valid was confusing to the Tenant and undermined the Tenant's statutory right to preserve the tenancy.
Landlord applied for an order to terminate the tenancy and evict Tenant due to the Tenant, another occupant of the rental unit or a person the Tenant permitted in the residential complex has seriously impaired the safety of any person and the act or omission occurred in the residential complex, and the Tenant, another occupant of the rental unit or someone the Tenant permitted in the building has substantially interfered with the reasonable enjoyment or lawful right, privilege or interest of the Landlord in a building that has three or fewer residential units and the Landlord resides in the building.
The Landlord opposed the motion to dismiss, arguing that it is the Landlord's right to choose the appropriate notice of termination and that there is no procedural conflict in doing so.
The Landlord's service of an N7 notice while an N5 notice was still valid was confusing to the Tenant and undermined the Tenant's statutory right to preserve the tenancy.
The Tenant submitted that the allegations in the N7 notice were the same as those in the previous N5 notice, and that the Landlord cannot change a voidable notice to a non-voidable notice. The Tenant also submitted that the remaining allegations in the N7 notice were not significant enough to warrant an N7 notice.
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