Substantial Compliance:

Question:Does section 212 of Ontario’s Residential Tenancies Act, 2006 let the Landlord Tenant Board accept a notice with minor errors even if my document was wrong?

Answer:VP Legal Services & Notary can help tenants and landlords in Ontario understand how section 212 works and whether a notice or other tenancy document with a minor mistake may still be treated as “substantially compliant” when the error does not significantly prejudice a party’s ability to participate in the proceeding.  Section 212 (1) provides that substantial compliance with the Act respecting the contents of forms, notices or documents is sufficient, and section 212 (2) clarifies that an error still counts as substantial compliance as long as it does not significantly prejudice the party’s participation.  In practice, the Board looks at the real impact of the error, not just the wording, and courts have applied this curing approach when the purpose of the notice requirement was still effectively met, as in Blasi v. John, 2021 CanLII 91971 (noting that missing detail in an affidavit was not fatal where the evidence overall showed the requirement was met).  For a quick review of your notice language and next steps toward the Landlord Tenant Board, call (437) 286-1499 to book a free 1/4 hour consultation with our paralegal and notary team.

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Understanding Section 212 of the Residential Tenancies Act, 2006

Concern for minor errors upon a Notice document, among other forms, often gives rise to dispute over the validity of the document and whether the document, and any associated process, should be struck.  To remedy or cure minor errors, section 212 of the Residential Tenancies Act, 2006, S.O. 2006, Chapter 17, serves as a provision to provide for the allowing of documents with minor errors, as long as such errors are without a genuine prejudial effect upon any party.

Note: Please contact VP Legal Services & Notary by phone at: (437) 286-1499 to discuss any specific questions that you may have.

The Law

Errors or omissions upon a Notice or other legal documents sometimes occur.  Rather than treating the imperfect document as a fatal error that may completely derail a proceeding, section 212 of the Residential Tenancies Act, 2006, provides for a remedial effect to minor imperfections.  Specifically, section 212 of the Residential Tenancies Act, 2006, states:

Intended Purpose

In Ontario, the Residential Tenancies Act, 2006, serves to govern landlord-tenant relationships by outlining, respective rights, responsibilities, and duties.  Where disputes arise, adjudication by the Landlord Tenant Board may become required and the process of accessing the Landlord Tenant Board requires the issuance of various Notice documents, among others.  The provisions within section 212 acknowledge that typographical and minor errors occur in legal documents while serving the purpose of ensuring that such mistakes avoid hindering justice by directing the acceptance of documents where any errors are without a cause of prejudice to the disputant parties.

Application

In the case of Blasi v. John, 2021 CanLII 91971, section 212 of the Residential Tenancies Act, 2006, was deemed as applicable to the circumstance where an Affidavit document was viewed as lacking a relevant fact, being the intent of the daughter of a landlord to occupy a rental unit for at least one-year following the eviction of a tenant to allow for the use of the rental unit by a close family member, being the daughter, of the landlord.  In reviewing the Affidavit omission and applying the curing effect contained within section 212, it was said:

Conclusion

The section 212 provisions within Residential Tenancies Act, 2006 provide for a saving effect to Notice documents, among others, where such documents contain minor errors without prejucial effect upon parties to a proceeding of the Landlord Tenant Board.  Understanding and applying section 212 enhances justice delivery within the regime of residential tenancy law.