Allegation Particulars
Required Within Landlord Tenant Board Applications
Page last modified: November 15 2022
How Detailed Should An Application At the Landlord Tenant Board Be?
Legal documents, such as an application initiating proceedings at the Landlord Tenant Board, must include sufficient details and particulars of allegations. This requirement ensures that the responding landlord or tenant can reasonably understand the nature of the case and the specific issues at hand.
A fundamental principle of fairness in legal proceedings is the obligation for an individual making allegations to provide…
the particulars, referring to substantial information or details, must be provided in a manner that allows the responding party to fully comprehend the allegations forming the basis of the specific legal issues in dispute.
The Law
The necessity for sufficient particulars was explicitly outlined in Landlord Tenant Board cases such as Lopes v. Da Silva, 2022 CanLII 100298, S.S.H. v. S.M., TEL-11413-20 (Re), 2020 CanLII 61081, and P.R. and A.D. v. C.E.Z., TST-06337-19-IN (Re), 2019 CanLII 134693, where it was emphasized: …
8. I determine that the claims in the Tenant’s application are unclear and lack specific details, particularly concerning dates and context. Specifically, the “Explain Your Reasons” section of the application directs the applicant to elucidate the events, including dates and times, identify the individuals responsible for the issue, and provide the names and titles of all involved parties.
On the L2 application, the sole date mentioned is April 15, without specifying the year. The summarized allegations include claims that the basement tenants were loud, engaged in drug use, exhibited violent behavior, smoked posing a health risk to the tenant’s daughter, instilled fear of being at home, antagonized the tenant, made physical threats, indulged in drinking, and highlighted a lack of response from the landlord.
10. The responsibility of aiding the Tenant in completing their applications or rectifying deficiencies does not lie with the Landlord or the Board. In line with the standard procedure for all applications presented to the Board, it is incumbent upon the applicant to submit an application that fulfills the minimum requirements.
11.
Consideration must be given to the Landlord’s right to present a substantial defense promptly. The application lacks adequate details on any of the alleged grounds, hindering the fair hearing of the matter.
12. The Landlord would have faced substantial prejudice if required to defend against unknown and unspecified allegations.
13.Thus, the Tenant’s application is dismissed.
7. MacDougall J. wrote in Ball that, “Particulars should include, dates and times of the alleged offensive conduct together with a detailed description of the alleged conduct…” The Court went on to state that the various purposes for requiring a party to provide reasons and details include the responding party’s need “to know the specific allegations made so that she/he can be in a position to know the case that must be met; to decide whether to dispute the allegations made before the Tribunal; and to consider whether to stop the conduct or activity or correct the omission…”
8. In my view, the lack of any particulars regarding alleged drug trafficking and prostitution significantly frustrates the Tenant’s ability to fully and properly respond to these allegations. Accordingly, these allegations will not be considered.
The mentioned cases, along with others, reaffirm the principles of fairness, emphasizing the requirement for allegations to include adequate details. If a landlord or tenant neglects to provide sufficient details in an application submitted to the Landlord Tenant Board, such allegations should be disregarded, potentially leading to the dismissal of the entire application — meaning the case could be dismissed.
Summary Comment
Particulars refer to the specific details of allegations in a legal dispute, aiming to uphold fairness and transparency for the involved parties. Adequate particulars ensure that disputing parties are informed about the factual allegations and legal issues, enabling a comprehensive understanding of the case. When particulars are insufficient, allegations are typically disregarded or dismissed. Hence, it is imperative for an Application to the Landlord Tenant Board to include comprehensive details.
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