Kingston Home Base Non Profit Housing Inc. v Caldwell - LTB Review Order
LTB dismisses landlord's application to terminate tenancy due to landlord's failure to include required documents
Summarized by RentZenLast updated: October 13, 2024
Case Summary
27 John St, Kingston, ON K7K1S8
Decision in favor of
tenant
Previous Order
Overturned
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Aug 2023
Hearing Date
Aug 2024
Order Date
Aug 23, 2024
Dispute Summary
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.
Determinations
- Landlord failed to include first N5 notice and Certificate of Service with L2 application
- Landlord's application is defective and must be dismissed
- Tenant's ability to participate at original hearing not analyzed due to dismissal on jurisdictional grounds
Case Study
The Tenant's request for review is granted as the 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. As a result, the Landlord's application is dismissed in its entirety due to lack of jurisdiction.
Arguments and Actions
Landlord
Procedural Errors
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.
Tenant
Arguments
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.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
338
Landlord Favorable
84.6%
Tenant Favorable
9.8%
Mutual Agreement
5.6%
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