Roy v Wilson and Vivarais
Last updated: July 22, 2024
Order
Ordered by Jana Rozehnal,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Dispute Categories
Notices Sent
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Citation: Roy v Wilson and Vivarais, 2022 CanLII 137826
File Number: EAL-98577-21
Timeline
Application Date
Jan 2021
Hearing Date
Feb 2022
Order Date
Mar 8, 2022
Decision
The Landlord's application is dismissed because the N8 Notice served on the Tenants was found to be defective, as it did not include the specific dates of the Tenants' alleged late rent payments as required by the Residential Tenancies Act, 2006.
Dispute
Landlord applied to terminate the tenancy and evict Tenants due to persistent late payment of rent. The N8 Notice served by the Landlord lacked sufficient detail as required by the Residential Tenancies Act, 2006, and was therefore found to be defective.
Determinations
- Landlord served N8 Notice for persistent late payment of rent
- N8 Notice did not include dates of Tenants' alleged late rent payments
- N8 Notice lacked sufficient detail as required by the Act
- N8 Notice was defective, so Landlord's application cannot be considered
Landlord's Arguments
Procedural Errors
The N8 Notice served by the Landlord did not include the specific dates of the Tenants' alleged late rent payments, as required by the Residential Tenancies Act, 2006.
Tenant's Arguments
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