You need to bring a motion to quash the appeal generally. David Strashin 416-482-8171 deals with the vast majority of these appeals. Like this one. http://www.thestar.com/news/gta/2012/06/10/serial_bad_tenant_judge_gives_nina_willis_2_more_weeks_to_pay_up.html

Thanks for explaining. It has been 6 years since I argued the first case in Ontario to evict for smoking cigarettes. The trick is to rigger ONE of the grounds for eviction, The LTB can ALWAYS refuse to evict. What I was trying to get across is that illegal activity and substantial...

Really, I thought smoking pot was illegal. And if it disturbs other tenants that it is like you say...illegal activity that causes a problem is grounds for eviction. Why give an N5 for the same test but conduct that is not illegal ?. The N6 is exactly the right notice under reason 2 illegal...

The case you are describing is exactly the one I linked above and the reasoning is exactly as you describe. Hopefully anyone reading this will see there is a difference between a statute that prohibits the landlord from requiring something as opposed to one that prohibits the landlord from even...

That is just plain wrong. The whole purpose of the act is to protect tenants and you can no more make these type of agreements than you can make an agreement to pay less than minimum wage. One of the prime features of the legislation is that it prohibits parties from contacting out of their...

The n6 notice does not allow an opportunity to correct the problem. http://www.ltb.gov.on.ca/stdprodconsume/groups/csc/_ltb/_forms/documents/form/stel02_111569.pdf You can apply right away based on the test suggested above.

In Toronto it is contrary to municipal by-laws to store inoperative, unlicensed or dilapidated vehicles in your drive. Makes neighborhood look like junkyard. Test is has to be licensed I think. If you find out from the by-law you can serve a notice.

Get complaints from other tenants and serve N6 for illegal act. The test for an illegal act to evict is not the "criminality" of the behaviour but the effect of the residential environment: Someone running a serious fraud scheme from their apartment has no effect of the unit and will not...

Have you read the decision http://www.canlii.org/en/on/onscdc/doc/2014/2014onsc985/2014onsc985.html?searchUrlHash=AAAAAQAgOTAsMDAwIHJlc2lkZW50aWFsIHRlbmFuY2llcyBhY3QAAAAAAQ Has nothing to do with other provisions of the Act and certainly not the section that specifically deals with agreeing...

The guidelines are available on the LTB website and are posted here: http://www.ltb.gov.on.ca/en/Law/STEL02_111691.html Usually if you have an Order and make an L4 application it does not matter if the tenant pays but sometimes the LTB has discretion to refuse eviction. If that is what...

just out of curiosity where did you hear that ? The reasoning behind the agreement is to allow the parties to agree to an otherwise allowable increase that the landlord could apply for. That is why the grounds for the increase are the same and the same limit of 3% above the guideline applies...

link did not work Agreement 121. (1) A landlord and a tenant may agree to increase the rent charged to the tenant for a rental unit above the guideline if, (a) the landlord has carried out or undertakes to carry out a specified capital expenditure in exchange for the rent increase; or (b)...

That is not entirely true. You cannot agree to any increase in excess of the guideline except in accordance with the rules relating to agreements to increase rent (s. 121). The maximum allowable increase is the guideline plus 3%. Generally the rules relating to increasing rents above guideline...

did you make an L4 application ?

Hi, The tenant has to notify you in writing before they move out pursuant to the notice or they lose the right to come back at the same rent. Also need a building permit etc.....