How Detailed Should An Application At the Landlord Tenant Board Be?

Legal Documents Such As An Application Commencing Proceedings At the Landlord Tenant Board Must Contain Enough Detail As Particulars of Allegations So As to Reasonably Enable the Responding Landlord or Tenant to Understand What the Case Is About.

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

Residential Notice to Evict Document The principle of fairness that is required within legal proceedings involves the necessity of providing adequate information and details, being the particulars, of the allegations. The purpose of adequate particulars is to ensure that the parties to the dispute as well as the adjudicator hearing the dispute can understand the issues being contested.

The Law

The requirement of adequate particulars was clearly stated within the Landlord Tenant Board cases of Lopes v. Da Silva, 2022 CanLII 100298, S.S.H. v. S.M., TEL-11413-20 (Re), 2020 CanLII 61081 as well as P.R. and A.D. v. C.E.Z., TST-06337-19-IN (Re), 2019 CanLII 134693 wherein it was said:

8.  I find that the allegations in the Tenants application are vague and lack any context in terms of dates and details. Specifically, the “Explain Your Reasons” section of the application instructs the applicant to describe what happened, the dates and times of each event, who caused the problem and the names and titles of all people involved.

9.  On the L2 application the only date referenced is April 15, with no year provided. The list of allegations that follow are summarized as: the basement tenants were loud, used drugs, violent, smoking and health risk to Tenant’s daughter, fear of being at home, antagonized by the tenants, physical threats, drinking and lack of response from Landlord.

10.  It is not for the Landlord or the Board to assist the Tenant in completing their applications or correcting its deficiencies. As with all applications before the Board, it is the applicant who must bring an application that meets minimum requirements.

11.  The Landlord’s right to present a meaningful defence in a timely fashion must also be taken into consideration. The application does not contain sufficient details on any of the alleged grounds that would allow the matter to be fairly heard.

12.  The Landlord would have experienced significant prejudice if expected to present a defence against unknown and unspecified allegations.

13.  Accordingly, 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 cases above, among others, confirm the principles of fairness including the need for allegations to contain sufficient details.  If sufficient details are lacking, the allegations should be disregarded by the Landlord Tenant Board.

Summary Comment

Particulars involve the finer details that flesh out the specific issues within a legal dispute and proper particulars are a requirement within legal proceedings including matters of the Landlord Tenant Board.  Accordingly, it is necessary that an Application to the Landlord Tenant Board contain adequate details. In circumstances where proper particulars are lacking, generally, the allegations are disregarded or the Application is entirely dismissed.

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