Wheeler v Lazore
Last updated: October 12, 2026
Order
Decision in favor of
Tenant
Dispute Categories
Notices Sent
Subsections of RTA Quoted
Agree with the ruling?
PDF provided by the Ontario LTB Order Catalogue
Citation: E***** OF WHEELER v LAZORE, 2026 ONLTB 55411, LTB-L-029671-26
File Number: LTB-L-029671-26
Timeline
Hearing Date
Jun 2026
Order Date
Jul 20, 2026
Decision
The Landlord's application to terminate the tenancy and evict the Tenant for non-payment of rent is dismissed because the N4 Notice of Termination and the application failed to include all joint tenants, causing significant procedural prejudice.
Dispute
The Landlord applied for an order to terminate the tenancy and evict the Tenant for non-payment of rent. The Tenant raised a preliminary issue that the N4 Notice of Termination and the application failed to name all three joint tenants, specifically omitting two co-tenants.
Determinations
- The real substance of the transaction between the parties was a tenancy agreement between the Landlord and all three individuals as tenants, rather than just the single tenant named in the application and notice.
- Not naming all tenant parties on the N4 Notice of Termination and in the application significantly prejudices an unrepresented/absent party's ability to participate.
- The N4 Notice of Termination failing to name all tenant parties cannot be found substantially compliant, and the Landlord's application must be dismissed.
Landlord's Arguments
Arguments
Only one party was properly a tenant to the tenancy, and the matter of tenant identity had been previously adjudicated.
Actions and Evidence
The Landlord argued that there was only one proper tenant named on the lease agreement and that an unsigned lease supported this position.
Procedural Errors
Failed to name all joint tenants on the N4 Notice of Termination and application.
Considerations
Tenant's Arguments
Arguments
The N4 Notice of Termination is invalid as it failed to name all three co-tenants of the tenancy agreement.
Actions and Evidence
The Tenant raised that the N4 Notice of Termination was invalid because it named only one tenant instead of all three joint tenants, supported by text messages and a prior N11 agreement.
Considerations
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