Can-Am Urban Native Non-Profit Homes v King
Last updated: January 12, 2025
Order
Ordered by Julie Broderick,Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Neither
Ordered Amount
$189
to Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Can-Am Urban Native Non-Profit Homes v King, 2024 ONLTB 64871
File Number: LTB-L-037667-24
Timeline
Application Date
May 2024
Hearing Date
Aug 2024
Order Date
Sep 5, 2024
Decision
The Landlord's L1 and L2 applications were dismissed. The Board found that the N8 notice served by the Landlord did not satisfy the requirements of s.43(2) of the Residential Tenancies Act, as it lacked sufficient details on the late rent payments. The Board also found that it had no jurisdiction to proceed on the L1 application due to the minimum $5 order amount requirement.
Dispute
The landlord, Can-Am Urban Native Non-Profit Homes, applied for an order to terminate the tenancy and evict the tenants, Joseph King and Calvin King, due to non-payment of rent and persistent late payment of rent.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void N4 notice by paying arrears
- Tenant still in possession on hearing date
- Landlord claimed $3 in arrears and $186 filing fee
- Board has no jurisdiction to proceed on L1 application due to minimum $5 order amount
- N8 notice did not satisfy s.43(2) requirements
- N8 notice lacked sufficient details on late payments
Landlord's Arguments
Tenant's Arguments
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Financial Details
Lawful Rent
$183
Rent Arrears
$3
Application Fee
$186
Ordered Amount
$189 (to Landlord)
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