Last updated: October 13, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Previous Order
Overturned
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Citation: Kingston Home Base Non Profit Housing Inc. v Caldwell, 2024 ONLTB 62280
File Number: LTB-L-068900-23-RV
Application Date
Aug 2023
Hearing Date
Aug 2024
Order Date
Aug 23, 2024
The Tenant's request for review is granted. The Landlord's L2 application is dismissed in its entirety due to the Landlord's failure to include the first N5 notice and supporting Certificate of Service when filing the application, which is a requirement under the Residential Tenancies Act.
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to substantial interference with the reasonable enjoyment of the residential complex. The Tenant requested a review of the order issued on May 3, 2024, claiming the Tenant was not afforded the opportunity to reasonably participate in the proceeding.
Landlord failed to include the first N5 notice and supporting Certificate of Service when filing the L2 application, which is a requirement under the Residential Tenancies Act.
The order contains a serious legal error when the Member denied the Tenant's adjournment request and the Tenant was not afforded the opportunity to reasonably participate in the proceeding.
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