FE Magazine 2009 No. 5 Sep-Oct - FRPO

Fair Exchange • September / October 2009
• Whether an N4 or other notice is
fatally defective just because dates
are reversed or a month is shown
with the wrong number of days
(November 31 st for instance).
• What factors a landlord should consider
after a tenant has moved out
leaving some items behind before
re-renting the unit, or filing an
application to have the Board find
that the unit has been abandoned
• Whether a tenant who gives notice
to terminate the tenancy orally has
given proper notice, and whether
the landlord should then be obliged
to mitigate by attempting to rerent,
despite the risks involved of
having no written notice.
• Whether a tenant is entitled to an
opportunity to fix something
they have damaged before being
served with an N5 notice rather
than have the landlord fix it to its
standards and with its expertise.
• Whether a single-shareholder
corporate landlord with the
human shareholder acting as the
landlord can obtain his or her
house back with a landlord’s own
use application.
• Whether a tenant who by way of
a motion asks the Board to void
an arrears order after a Sheriff
filing, has to also have paid the
new rent for the month in which
the motion hearing takes place.
• Whether supportive housing
landlords funded through the
Ministry of Health and Long-
Term Care and not governed by
the Social Housing Reform Act
may evict a tenant who can no
longer live independently and is
at risk to themselves and others.
• How should the Board handle
utilities when the tenant is obligated
under a tenancy agreement
to pay them but doesn’t
• How to avoid lease-breaking
parties when the legislation
allows a tenant with “remaining
lease term” to simply act badly so
that they are served with a termination
notice, thereby ending
their obligation to pay rent for
the duration of the lease term
• Whether on a no-fault application
for demolition or landlord’s
own use, the Board should consider
the tenant’s circumstances
prior to eviction, and if so, how
to apply the findings.
• How does one count the number
of voiding days on an N5 notice,
the most common of the conduct
notices, and furthermore, how
does one figure out what constitutes
a breach during the voiding
period, and finally why can’t a
landlord serve a second N5 notice
unless the first has been voided
• Whether the tenant’s willful
blindness should have a bearing
on eviction resulting from
serious illegal acts that were
committed by others in the
rental unit.
• What constitutes persistent late
payment of rent
• What is the standard of proof
required when the landlord’s allegations
about a tenant relate to
criminal activity or conduct that
is morally blameworthy (F.H. v.
McDougall, [2008] S.C.C.)
• How do rentals in condominiums
fit into the statutory regime when
a dispute occurs Who is the landlord
What if there is a conflict of
laws How can the landlord be
held responsible for the common
areas and common elements over
which it has no control
• How does the Board handle rent
increases when the parties agree
to add a prescribed additional
service or facility such as window
air-conditioning, and what
happens if the tenant adds them
unilaterally without an agreement,
and then refuses to pay
• Electrical sub-metering and
smart metering, need I say more.
• How far back can a tenant go
with claims about maintenance,
harassment or illegal rent, and
how far back can the Board order
compensation for same
• How should the Board deal with
unpaid rent, or prospective rent,
when ordering a rent application
adjourned as a result of the
tenant’s request or an action by
the tenant, particularly now that
return dates after an adjournment
are becoming distant events
• How should the Board deal
with Board mediated agreements
or consent orders when
the tenant doesn’t fulfill its part
of the agreement
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