Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 57, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Application Date
Mar 2024
Hearing Date
Oct 2024
Order Date
Oct 23, 2024
The Tenant's application is dismissed for lack of jurisdiction, as the Tenant did not file the application within one year of vacating the rental unit as required by section 57(2) of the Residential Tenancies Act, 2006. The Tenant is ordered to pay the Landlord $700.00 in costs.
Tenant applied for an order determining that the Landlord gave a notice of termination in bad faith. The Tenant vacated the rental unit on May 31, 2022 and subsequently filed the application on March 22, 2024, which was more than one year after vacating the unit.
Landlord's representative disagreed that the concept of discoverability applied to the one-year limitation period in section 57(2) of the RTA.
Tenant's representative argued that the doctrine of discoverability should apply to the one-year limitation period in section 57(2) of the RTA.
Tenant testified that after vacating the rental unit, "it was abandoned and empty for quite some time" before renovations began.
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