Provot v Cool
Tenant wins · South Porcupine · 2025-11-04
- Adjudicator
- Sheena Brar
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- S.H.L.
- Tenant
- G.C.
- Landlord rep
- Tracy LeGros
- Tenant rep
- T. Chatrand
What happened
The Landlord applied for eviction and rent arrears. The Tenant moved to dismiss the application, arguing the N4 notice was defective. The Tenant, residing in a care home, contended that the Landlord improperly included care services and meal costs in the rent amount on the notice. The Board found that under the Act, rent in care homes does not include these services, rendering the N4 notice invalid due to an incorrect arrears calculation.
The ruling
The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The N4 notice was ruled defective as it included care service fees in the rent total, violating the statutory definition of rent for care homes. The Board also declined to issue an order for arrears only due to a lack of clarity regarding the payment history and lawful rent amounts.