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Allegation Particulars

Required Within Landlord Tenant Board Applications

Page last modified: November 15 2022

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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.

Understanding the Legal Requirement For Adequate Particulars Within a Landlord Tenant Board Application

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.

6. In Ball v. Metro Capital Property, [2002] O.J. No. 5931 (‘Ball’), the Divisional Court pronounced that applications must provide sufficient detail to allow the opposing party to know the specific allegations being made so that the opposing party can be in a position to know the case that must be met.

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.
Particulars of the Tenants’ applications 6. The Tenants’ applications do not currently contain sufficient particulars, and cannot be heard in their current form. Particulars should include the specifics of each thing the Landlord is alleged to have done, including dates. 7. For example, the applications allege that “the Landlord has disparaged one of the Tenants on many occasions by disparaging and insulting his religious beliefs, practice, and deportment.” In order for that allegation to be heard, the application must set out what, specifically, the Landlord said to the Tenant, and when she said it. There are other allegations in the applications which similarly lack particulars. 8. The Tenants will be required to amend their application by the deadline set out below. At the hearing of these matters, the Board will refuse to consider any allegations which are not sufficiently particularized. Particulars of the Landlord’s application 9. The Landlord’s application TSL-07961-19 respecting substantial interference is also insufficiently particularized. The application is based on an N5 notice of termination the Landlord served. The N5 has similar issues to the Tenants’ applications, i.e. several of the allegations set out in it do not contain dates and/or adequate details of what the Tenants are alleged to have done. 10. Unlike the Tenants’ applications, application TSL-07961-19 cannot be amended to provide further particulars. Pursuant to Ball v. Metro Capital Property, [2002] O.J. No. 5931 (ONSC DC), a notice of termination must, at the time it is served, contain sufficient particulars. The N5 notice cannot be amended after the fact. 11. At the start of the hearing of these matters, the Board will hear the parties’ submissions and then make a finding as to which of the allegations in the N5 are sufficiently particularized. The hearing of application TSL-07961-19 will be limited to those issues.

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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