Joseph D. Kennedy

The appellant tenant appealed an eviction order for landlord's own use.

The original landlord served an N12 notice but died before the eviction application was heard.

The Landlord and Tenant Board amended the application to name the landlord's estate and to include details of a previous N12 notice that had been omitted contrary to s. 71.1 of the Residential Tenancies Act.

The Court of Appeal allowed the appeal, holding that an estate is not an 'individual' capable of invoking landlord's own use under s. 48, and that the mandatory disclosure requirements of s. 71.1 cannot be cured by amendment.

The eviction application was quashed as a nullity.

The applicants appealed a decision by Tarion Warranty Corporation denying their new home warranty claims for floor defects.

Tarion denied the claims because they were submitted after the expiry of the first-year warranty period.

The Licence Appeal Tribunal found that the applicants failed to submit their 30-day and first-year warranty forms within the required timeframes.

Furthermore, the Tribunal accepted expert engineering evidence that the builder had satisfactorily repaired a related Ontario Building Code violation.

The appeal was dismissed and Tarion was directed to deny the warranty claim.

The applicant filed a Request for Order During Proceeding asking the Tribunal to order the respondent to pay witness conduct money for a witness the applicant intended to call for cross-examination.

The witness was originally proposed by the respondent, who later decided to rely on her affidavit instead.

The Tribunal denied the request, noting that witness fees are an item of costs and the Tribunal does not have the authority to award costs.

The Tribunal permitted the applicant to call the witness via teleconference.