Habinski v Pustina
Split/Other wins · Thunder Bay · 2025-07-22
- Adjudicator
- John Cashmore
- Dispute
- Maintenance, Tenant Rights
- Notice
- Tenant rights (T2), Maintenance (T6)
- Landlord
- M.P.
- Tenant
- S.H.
What happened
The Tenant sought a review of a previous LTB order which had dismissed their T2 and T6 applications on the grounds that they were filed beyond the one-year limitation period. The previous adjudicator had calculated the period from the end of the tenancy (August 31, 2023) to the filing date (August 31, 2024) as 366 days and thus time-barred. Upon review, it was determined that the filing was exactly on the one-year mark and therefore valid for any issues existing on the final day of the tenancy. However, during the subsequent de novo hearing, the Tenant acknowledged that most issues occurred earlier and chose to withdraw the applications.
The ruling
The review request was granted, and the original dismissal was cancelled due to a mathematical error regarding the limitation period. After restarting the hearing, the Tenant opted to withdraw the applications (T2 and T6) after being informed that remedy could only be sought for issues occurring on the very last day of the tenancy.