Kirk v 1048279 Ontario Inc
Last updated: August 8, 2025
Order
Ordered by Karen Gonçalves,Tribunals Ontario under Section 31, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Dispute Categories
Subsections of RTA Quoted
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Citation: Kirk v 1048279 Ontario Inc, 2025 ONLTB 26792
File Number: LTB-T-051953-24
Timeline
Application Date
Jun 2024
Hearing Date
Apr 2025
Order Date
Apr 8, 2025
Decision
The Tenant's application (T2/T6) was dismissed. The adjudicator found the application was procedurally defective because the Tenant failed to provide sufficient details of her allegations until one week before the hearing and did not serve these details on the Landlord. This was deemed a breach of natural justice, making it unfair for the Landlord to have to respond.
Dispute
The Tenant filed an application alleging the Landlord changed locks without providing keys, substantially interfered with her enjoyment, and failed to address a water leak. The application was dismissed because the Tenant failed to provide sufficient details in a timely manner, uploading the explanation for her claims only seven days before the hearing and not serving them on the Landlord. This was deemed a procedural failure and a breach of natural justice.
Determinations
- The Tenant's application is dismissed.
- Some issues in the application may be barred by res judicata due to a previous order LTB-L-004078-22.
- The Tenant’s application provided insufficient details for the Landlord to respond to the allegations.
- The Tenant uploaded the detailed reasons for the application only seven days before the hearing.
- The Tenant did not serve the detailed reasons on the Landlord.
- The Tenant's T2 application was defective.
- The Tenant's T6 application was defective.
- Proceeding with the hearing would be unfair to the Landlord and a breach of the principles of natural justice.
Landlord's Arguments
Arguments
The Landlord's representative argued that some issues were barred by res judicata from a previous order (LTB-L-004078-22). They also argued that the Tenant's application lacked sufficient details for them to properly respond, constituting a breach of natural justice, citing the principles from Ball v. Metro Capital Property.
Actions and Evidence
The Landlord's representative attended the hearing and raised preliminary issues regarding the Tenant's application.
Tenant's Arguments
Arguments
The Tenant's application alleged the Landlord altered the locking system without providing replacement keys, substantially interfered with reasonable enjoyment, and failed to meet maintenance obligations under the Residential Tenancies Act, 2006.
Actions and Evidence
The Tenant filed a T2/T6 application on June 30, 2024, alleging an illegal lock change, substantial interference, and maintenance issues like a water leak. She uploaded the detailed reasons for her application on March 25, 2025, just seven days before the hearing, and did not serve these details on the Landlord.
Procedural Errors
The Tenant filed an incomplete application, uploaded the detailed evidence and reasons only a week before the hearing, and failed to serve the Landlord with these details. The adjudicator stated: 'I find the Tenant’s T2 application is defective in the Tenant essentially filed part one of the application on June 30, 2024, then filed the balance of the application on March 25, 2025, which was seven days before the hearing.'
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