Love v Gonneau - Landlord's N12 Application Dismissed by LTB

Dispute

Determinations

Tenant Duty Counsel raised a preliminary issue regarding the declaration in the application that only one prior N12 notice was served, when in fact at least two further N12 notices were served on the Tenants on July 26, 2022 and September 24, 2022, which were not listed.
The Landlord's Legal Representative acknowledged that the LTB file number associated with the N12 notice served on October 31, 2022 was also not listed in the application, which was a clerical error.
Subsection 71.1(3) of the Residential Tenancies Act, 2006 requires the Landlord to indicate whether any other notices under sections 48, 49 or 50 have been served in the previous two years, and to provide details on those notices.
The LTB Rules of Procedure also require the Landlord to specify the LTB file number associated with any previously delivered N12 or N13 notices.
The application must be dismissed because the declaration in the application was false and misleading, and the Landlord failed to comply with subsection 71.1(3) of the Act.
Subsection 71.1(4) of the Act states that the LTB shall refuse to accept the application for filing if the Landlord has not complied with subsection 71.1(3).
The LTB does not have discretion to accept an application that does not comply with subsection 71.1(3), as the intent of this provision is to protect Tenants from unlawful evictions.
The Landlord's Legal Representative, as a licensee of the Law Society of Ontario, has a duty of honesty and candor and should not make a false declaration to the LTB.
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