Ho v Miller

Tenant wins · Toronto · 2022-01-12

Adjudicator

Robert Patchett

Dispute

Breach of Conditions

Notice

Tenant rights (N5)

Landlord

P.H.

Tenant

T.B., M.M.

Landlord rep

Lillian Hung

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants based on two N5 notices. The first N5 notice was voidable, served on June 22, 2021. The second non-voidable N5 notice was served on August 11, 2021. The Landlord's application was dismissed due to defects in the notices and timing of the application.

The ruling

The Landlord's application for termination of tenancy and eviction of Tenants was dismissed. The dismissal was based on procedural errors in the Landlord's notices and application timing, specifically the defective second N5 notice and the late filing of the application relative to the first N5 notice's termination date.