Last updated: September 12, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: Deruz v McGarvey, 2023 ONLTB 66514
File Number: LTB-T-079711-22
Application Date
Aug 2022
Hearing Date
Jul 2023
Order Date
Oct 16, 2023
The Tenants' application is dismissed. The Landlord did not collect rent in excess of the amount allowed by the Act. The Landlord's Agent delivered the NORIs to the Tenants on January 2, 2020, providing the Tenants with the appropriate notice under the Act.
Tenants claimed that the Landlord collected or retained money illegally by increasing their monthly rent without providing the required notice. The Landlord opposed the application.
Landlord argued that the application should be dismissed because it was not filed within the one-year limitations period under the Act.
Landlord's Agent testified that she delivered the NORIs to the Tenants' mailboxes on January 2, 2020, the same day she dated the NORIs. She provided supporting evidence from her 407 Transponder record and agenda book.
Tenants argue that since they did not discover the NORI on January 2, 2020, the Landlord failed to provide the required 90-day notice prior to the effective date of the rent increase.
Tenants state they discovered the NORI on January 3, 2020 or a later date, and that they have a regular practice of checking their mail daily.
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