Sanderson v Weatherby

Tenant wins · Niagara On The Lake · 2025-12-09

Adjudicator

Rachel Gibbons

Dispute

Demolition

Notice

Renovation, Major Repairs (N13)

Landlord

D.S.

Tenant

J.W., E.S.

Landlord rep

Petar Guzina

What happened

The Landlord applied to terminate the tenancy and evict the Tenants because the unit was to be demolished. The Tenants challenged the validity of the service of the N13 notice, claiming they never received it. The Landlord's process server had wedged the notice into the door frame rather than sliding it under the door as required by the Board's rules.

The ruling

The Landlord's application to terminate the tenancy for demolition was dismissed. The Adjudicator found that the N13 Notice was not properly served because it was wedged into the door frame rather than being slid under the door. Since the service was invalid and there was no proof the tenants received the notice in time, the notice was deemed void.