Landlord Wins Dismissal of Tenant's Applications in Sudbury Case: Tientcheu v Greater Sudbury Housing Corporation 2021
Tenant's claims against Sudbury landlord dismissed due to lack of jurisdiction and non-compliance with time limits
Summarized by RentZenLast updated: July 26, 2024
Case Summary
101 Rue Louis Rue Sud-Est, Sudbury, ON P3B2H2
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jul 2020
Hearing Date
Jun 2021
Order Date
Sep 21, 2021
Dispute Summary
The Tenant applied for orders determining that the Landlord collected or retained money illegally and harassed, obstructed, coerced, threatened or interfered with the Tenant and substantially interfered with the reasonable enjoyment of the rental unit or residential complex.
Determinations
- T1 application dismissed for lack of jurisdiction
- T2 application dismissed for non-compliance with limitation period
Case Study
The Board dismissed the Tenant's applications. For the T1 application regarding illegal collection of money, the Board found that it did not have jurisdiction to address issues related to the Tenant's rent subsidy. For the T2 application regarding harassment, the Board found that the Tenant did not comply with the one-year limitation period under the Residential Tenancies Act, 2006.
Arguments and Actions
Tenant
Procedural Errors
The Tenant's T2 application was filed outside the one-year limitation period under the Residential Tenancies Act, 2006.
Decision Summary
The Tenant's applications were dismissed. The Board found that it did not have jurisdiction to address the Tenant's issues related to his rent subsidy, and that the Tenant's harassment application was filed outside the one-year limitation period.
Adjudicator Details
LTB Member
Total Orders
159
Landlord Favorable
86.8%
Tenant Favorable
8.2%
Mutual Agreement
5.0%
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