Arranmore Holdings Inc. v Rieck
Tenant wins · Ottawa · 2025-08-28
- Adjudicator
- Dale Whitmore
- Dispute
- Renovation, Major Repairs
- Notice
- Conversion to non-residential (N13)
- Landlord
- Arranmore Holdings Inc.
- Tenant
- P.R.
- Landlord rep
- Fiona Gilligan
- Tenant rep
- Zhong Wen Chen
What happened
The Landlord applied to terminate the tenancy and evict the Tenant to convert the rental unit into a non-residential use. However, the application was found to be procedurally defective because the Landlord failed to disclose whether any other notices under sections 48, 49, or 50 had been given in the past two years, as required by section 71.1(3) of the Residential Tenancies Act, 2006.
The ruling
The Landlord's application to terminate the tenancy for the purpose of converting the unit to non-residential use is dismissed. The application was procedurally defective because the Landlord failed to disclose prior N12/N13 notices as required by law, and the adjudicator declined to allow a late amendment to correct the error.