1000140945 Ontario Inc v Henderson

Tenant wins · Niagara Falls · 2025-07-11

Adjudicator

Joshua Labbe

Dispute

Renovation, Major Repairs

Notice

Demolition (N13)

Landlord

1000140945 Ontario Inc

Tenant

T.H., T.D.

Landlord rep

Tony Marucci, James Dondo

Tenant rep

Jenifer Priestley

What happened

The Landlord applied for possession of the rental unit to demolish it. The application was based on an N13 notice served on November 15, 2024, with a termination date of March 31, 2025. However, the notice served was incomplete as it lacked a required 'Schedule A' detailing the claim. The Schedule A was only provided to the Tenants on December 12, 2024. The Board examined whether the notice met the statutory 120-day requirement starting from the date the complete notice was effectively provided.

The ruling

The Landlord's application for possession of the rental unit for demolition was dismissed. The LTB found the N13 notice of termination to be invalid because it did not provide the Tenants with the required 120 days' notice once the notice was properly completed with its supporting schedule.