Should Delaying The Inevitable Be This Easy?
The Section 1 of the Residential Tenancies Act, 2006 states that the purpose of the Act amongst other things, is to protect tenants. With this in mind, parties should be aware that decisions originating from the Landlord and Tenant Board (LTB) are primarily based with...
The Adversely Evolving N12 Notice for Personal Use
WRITTEN SUBMISSION OF THE TENANTS This submission is respectfully made following the hearing of this matter that was completed held on December 6, 2019, February 26, 2021, and May 25, 2021, and in compliance with the interim order of Member dated May 31, 2021....
Section 83 and the relationship between opposing A2 applications
BACKGROUND 1. The tenant resided in a two-bedroom condominium with a roommate. 2. On July 22, 2019, the tenant notified the landlords that she would be leaving the rental unit on August 1, 2019. She asked the landlords to consent to an assignment of...
Who is a Landlord?
The Applicant submits as follows: 1. The Member made an error of law and fact in his determination of the definition of Landlord that was clearly an unreasonable finding considering the evidence which was before the Member. THE FACTS 2. On or about April 10, 2916, the...
Roommates and the Residential Tenancies Act (RTA) 2006
The Request to Review raised the question of whether Section 61 and 234(x) of the RTA governs the relationship between a tenant and his/her roommate(s) and submits as follows: 1. Does Section 61 and 234(x) govern the relationship between a tenant and his/her roommate...
The Case of After Discovered Evidence
The Landlord submit as follows: 1. The landlord requests a review of the order of the Member dated August 2016 based upon an error of fact which is material to the decision and is demonstrated by new evidence that was not before the Member. 2. The landlord submits...
T2, T3 or T6 that is the Question
ISSUES 1. The Tenants were not able to participate in the proceeding because the Member refused to hear any evidence or submissions from the Tenants. The hearing tape confirms that there is a total disconnect between the Member’s statements at the hearing and the...
What is the correct test for bad faith?
ARGUMENT 1. In Wakula et al v. Yaoutsis, TST-58317-14, the Member determined that, “……the issue before the Board is whether at the time it was given, the notice was given in bad faith.” 2. In the Wakula case, the tenants were pensioners and had resided on the main...
