We are circulating this reminder which will be of particular interest to property managers and those who engage the services of a third-party property management firm for their operations. The reminder is specific to legal processes engaged in at Landlord Tenant Board (LTB).Last year, the Divisional Court considered and clarified the sections of the Residential Tenancies Act (the “RTA”) relevant to the issuance of notices and the filing of applications, and more specifically, who may do what when it comes to notices and applications. In Rivera v. Eleveld, the Court confirmed that a property manager or other agent of the Landlord can sign a notice of termination (e.g. N4 for non-payment of rent, N5 for interference) under the RTA (See s. 43(1)). However, an application to the LTB (e.g. L1, L2) must be signed and filed by the applicant (i.e. landlord or tenant) or “a person representing the applicant under the authority of the Law Society Act (See s. 185 of the RTA). The use of an “agent” is not permitted. While the case is more than a year old, we are occasionally coming across situations where an application may be at risk of dismissal based on who signed and filed the application. We are also experiencing an increase in the number of Board Members who are inquiring as to the identity and/or role of an individual who has signed an application that has come before them for adjudication. To many adjudicators, this is a preliminary or administrative issue done in the usual course, much like reviewing dates in an N5 or an N4 to determine if an application may proceed. As such, you will want to ensure compliance with the RTA and the direction from the Court on all applications to avoid suffering any further delay in an already delay-ridden system or other adverse consequence. If you have any questions on this bulletin or any other matter, please reach out.

Kristin Ley is a Partner and the Practice Group Leader in the Multi-Residential Housing Group; she can be reached at