SSBCS De Zen Investments Inc. v Ghai
Tenant wins · Toronto · 2025-04-07
- Adjudicator
- Elena Jacob
- Dispute
- Renovation, Major Repairs
- Notice
- Renovation, Major Repairs (N13)
- Landlord
- SSBCS De Zen Investments Inc.
- Tenant
- P.G.
- Landlord rep
- Giuseppe Rizzuto
What happened
The Landlord applied for an order to terminate the tenancy to perform major repairs, based on an N13 notice. The application was dismissed because the Landlord failed to pay the required compensation to the Tenant by the termination date, a mandatory requirement under the Residential Tenancies Act. The Landlord's claim of being poorly advised by their legal representative and their resulting ignorance of the law was not accepted as a valid reason to grant an extension for the payment.
The ruling
The Landlord's application to evict the Tenant for the purpose of major renovations is dismissed. The dismissal is a direct result of the Landlord's failure to pay the mandatory compensation to the Tenant by the termination date specified in the N13 notice, as required by the Residential Tenancies Act. The tenancy shall continue.