LTB Order LTB-L-064005-25 | Eviction Application Dismissed for Late Filing

The application is dismissed.
The Board found it lacked jurisdiction due to the Landlord's failure to file within the mandatory 30-day period under s.77(3) of the RTA.
No eviction order was issued; no monetary award was made.

The Landlord applied under Section 77 of the RTA to evict the Tenants based on a mutual agreement to terminate the tenancy dated July 31, 2025.
The Landlord filed the L3 application on September 16, 2025, which was 47 days after the termination date — exceeding the 30-day statutory deadline.
The Tenants did not vacate or the Landlord sought to enforce the agreement through the LTB after the limitation period had expired.

The termination agreement specified July 31, 2025 as the end date of the tenancy.
Under s.77(3) of the RTA, an L3 application must be filed no later than 30 days after the agreed termination date.
The application filed September 16, 2025 was outside the 30-day window, rendering it statute-barred.
Subsection 212(2) (substantial compliance) applies to errors in form contents, not to late filings, and cannot extend the limitation period.
O. Reg. 516/06, s.56 specifically prohibits the Board from extending the filing deadline for s.77 applications, prevailing over the general s.212(2) provision.
The application was dismissed for failure to disclose a cause of action within the Board's jurisdiction.

Landlord and Tenants agreed to terminate the tenancy as of July 31, 2025.
Landlord filed the L3 application on September 16, 2025 — more than 30 days after the agreed termination date.
The application was dismissed as out of time; the Board lacked jurisdiction to issue an eviction order.
The substantial compliance provision (s.212(2)) could not cure the late filing, as it applies to form errors, not missed deadlines.
O. Reg. 516/06, s.56 specifically prohibits extending the filing deadline under s.77, taking paramountcy over the general s.212(2) provision.