Recent decisions and rule changes in our practice areas

Miller Estate v. Arguelles

The landlord served N12 notices, then died before the eviction hearing. The Board let the estate take over and allowed the application to be amended to list an earlier N12. The Court of Appeal quashed the eviction. The application must list every N12 served in the two years before filing, and the Board cannot fix that by amendment. The court also found the notice did not survive the landlord's death.

For landlords: an own-use application has to be complete and exact when it is filed. One missing detail can sink it.

Elkins v. Van Wissen

When a tenant claims an N12 was given in bad faith, the Board must look at all of the evidence, not just the timing of the notice. Where the unit was sold, the purchaser's good faith is examined as well as the seller's.

For landlords: keep a clear record that you or your purchaser genuinely intend to move in, and follow through.

2026 rent increase guideline: 2.1%

For most rent-controlled units, the maximum rent increase without Board approval is 2.1% for increases taking effect in 2026. The usual rules still apply: at least 12 months since the last increase, and 90 days' written notice. Landlords with major capital work or large tax increases can apply to the Board for an above-guideline increase.

New timelines for N4 and N12 notices

From September 21, 2026, a tenant has 7 days instead of 14 to pay arrears after an N4 before you can apply to the Board. On an N12, you no longer owe one month's rent as compensation if you give at least 120 days' notice. Since July 1, 2026, a request to review a Board order must be made within 15 days instead of 30.

Small Claims limit raised to $50,000

The Small Claims Court limit rose from $35,000 to $50,000. The Landlord and Tenant Board's limit rose with it. Claims that once needed the Superior Court can now be heard faster and at lower cost.

The Fifth Wall Corp. v. Tonelli

Ontario's Consumer Protection Act applies to a residential construction contract between a contractor and a homeowner, including a cost-plus contract. Under the Act, a contractor generally cannot charge more than 10% over its estimate unless the homeowner agrees to a revised estimate.

For homeowners and contractors: written estimates and signed change orders often decide who wins.

Homelife Professional Realty Inc. v. Moondi

The sellers cancelled their listing and relisted five days later with a different agent for a flat fee. The court awarded the original brokerage its commission, finding the sellers' steps were designed to defeat the commission claim.

For brokerages and agents: cancelling a listing to avoid paying commission does not end the obligation.

Municipal speed cameras switched off

Ontario banned municipal automated speed enforcement cameras, and they stopped issuing tickets on November 14, 2025. Camera tickets issued before that date remain valid and must still be paid or disputed on time.

Scheduling traffic trials within Jordan limits

A new Ontario Court of Justice direction sets how Provincial Offences Act matters, including traffic tickets, are scheduled so trials happen within the time limits the Supreme Court of Canada set in R. v. Jordan.

R. v. Nguyen

The 18-month ceiling on trial delay from R. v. Jordan applies to traffic tickets under Part I of the Provincial Offences Act. Below 18 months, a driver must show they took meaningful steps to move the case along to get the charge stayed.

For drivers: delay can end a case, but only if your file has been handled properly from the start.