Substantial Compliance:

Question: If my Ontario Landlord Tenant Board notice has a small typo or missing detail, will Section 212 of the Residential Tenancies Act, 2006 let it still be accepted?

Answer: Freed Legal Services can help you assess whether your notice or form error is likely only “substantial compliance” under Residential Tenancies Act, 2006, S.O. 2006, c. 17, s. 212 and whether the mistake significantly prejudices your ability to participate in the proceeding.  Section 212 says minor contents errors generally do not invalidate documents if they do not significantly prejudice a party’s participation, and it’s commonly applied to allow the matter to proceed despite technical flaws.  If you want a quick document review for your specific facts, call (800) 716-1897.

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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.

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.