Sidhu v Migliano - LTB Overturns Eviction Order Due to Defective N12 Notice

Dispute

Determinations

The Tenant's request for review of order LTB-L-063629-23, issued on March 15, 2024, is based on the grounds of serious error.
The Board determined the issue to be determined at the review hearing was whether it was a breach of procedural fairness to admit and rely upon the hearsay evidence of the Landlord's Agent.
The Board found that the acceptance of the hearsay evidence constituted a breach of procedural fairness because of the inability of the Tenant to cross-examine the person who uttered the statement in dispute and that the hearsay evidence was not both necessary and reliable.
The Board granted the Tenant's request to review the order and the application was heard de novo (anew).
The Landlord served the Tenant an N12 notice of termination on May 30, 2023, with a termination date of July 31, 2023.
The Tenant's Legal Representative submitted the N12 is invalid because it names only Isabella Migliano as a Tenant, but the updated lease agreement signed in 2018 names Isabella Migliano, Janelle Dorsett and Ricky Charles as Tenants.
The Board found that Janelle Dorsett is a Tenant of the rental unit based on the evidence and submissions of the parties.
Since the N12 notice of termination does not name Janelle Dorsett as a Tenant and the Board found she is one, the notice was determined to be defective.
The Landlord requested the consent of the Board to withdraw their application, and the Board consented to the request.
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