Can my landlord get my case thrown out if I made a mistake on my paperwork?
Quick Summary
No, the Landlord and Tenant Board will not dismiss your case for these small mistakes. The law requires the Board to hear your application if it is not frivolous or vexatious.
The situation
I am currently living in a small apartment in Ontario and I am having a massive dispute with my landlord regarding my security deposit. Back in January, I paid a $1,500 deposit to cover potential damages, but since I moved in last June, the landlord has been refusing to provide any receipts or a proper programme for how that money is being held. Last week, on October 12th, I finally decided to file a formal complaint to get my money back because he has been threatening to keep it for no reason. However, when I was filling out the forms, I realised I accidentally wrote that I had lived there for six months when it has actually been about five months, and I also misspelt the landlord's business name on the main application page. I tried calling the office to correct the error, but they wouldn't help me. Now I am terrified that because I provided slightly incorrect details on my filing, the whole thing will be cancelled before I even get a chance to speak to anyone. Can they just refuse to hear my case because of these small errors or because they think I am being difficult?
Detailed Analysis
The Residential Tenancies Act allows the Board to dismiss an application only if the matter is frivolous, vexatious, or lacks a reasonable cause of action. The Board may also refuse to allow an application to be filed if the applicant filed documents they knew or ought to have known contained false or misleading information.[1] In your situation, a six-month versus five-month stay and a misspelled name are not considered false or misleading information. The Board is required to hear your application to determine if your landlord has unreasonably withheld your security deposit.[1] The law does not specify that the Board must reject an application for minor clerical errors.
Statutory Citations
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 197 — Where Board may dismiss
"The Board may dismiss an application without holding a hearing or refuse to allow an application to be filed if, in the opinion of the Board, the matter is frivolous or vexatious, has not been initiated in good faith or discloses no reasonable cause of action."View Official Legislation →
Legal Citation: Residential Tenancies Act, 2006 (Ontario) § S.O. 2006, c. 17, s. 197 — Where Board may dismiss
"The Board may dismiss a proceeding without holding a hearing if the Board finds that the applicant filed documents that the applicant knew or ought to have known contained false or misleading information."View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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