Last updated: November 14, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Ben-Margi v Yi, 2024 ONLTB 64298
File Number: LTB-L-085500-23
Application Date
Oct 2023
Hearing Date
Jun 2024
Order Date
Aug 30, 2024
The application is dismissed because the Landlord failed to disclose the First N12 Notice served on the Tenants, as required by subsection 71.1(3) of the Residential Tenancies Act, 2006. The Board shall refuse to accept the application for filing if the landlord has not complied with subsection 71.1(3).
Landlord applied for an order to terminate the tenancy and evict Tenants because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year. The Tenants raised a preliminary issue regarding the declaration contained within the Schedule B of the application that declared that the Landlord had not served any prior N12 notices of termination.
Landlord's former legal representative failed to disclose the First N12 Notice in the L2 Application
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