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

Order Date: September 5, 2024
*** Lauzon Rd, Windsor, ON N8T2Z6
Contested Dispute

Decision in favor of

Neither

Ordered Amount

$189

to Landlord

Notices Sent

Non-payment of rent (N4)Persistent late payment (N8)

Subsections of RTA Quoted

43(2)207(4)
ContentionLow

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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

4 months

Hearing Date

Aug 2024

10 days

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.

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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.

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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
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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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