Harris v Comeau

Tenant wins · Owen Sound · 2025-07-04

Adjudicator

Joshua Labbe

Dispute

Damage to Property, Non-payment of Rent

Landlord

J.H.

Tenant

J.C.

What happened

The Landlord applied for compensation regarding rent arrears and repair costs for damages allegedly caused by the Former Tenant. The application was filed under section 87 and 89 of the Act after the Tenant had vacated the unit on July 31, 2024. However, the Landlord failed to serve the Former Tenant with the application and Notice of Hearing as required by the LTB rules.

The ruling

The Landlord's application for rent arrears and damages was dismissed because the Landlord failed to serve the Former Tenant with the L10 application and Notice of Hearing as required. The Landlord was informed of the right to file a subsequent application if service can be completed within the one-year limitation period.