An eviction notice should give a tenant a meaningful understanding of the allegations. In Ball, the Divisional Court considered the information required in a notice alleging conduct that interfered with reasonable enjoyment.

The case involved a termination notice under legislation that preceded the current Residential Tenancies Act. Its reasoning continues to be discussed in the LTB’s procedural guidance.

The court explained that sufficient particulars serve practical purposes. The tenant must be able to understand the case, decide whether to dispute the allegations, and—where the notice permits—consider stopping the conduct to avoid termination.

The required detail depends on the notice and circumstances. Allegations about behaviour ordinarily need enough information to identify the incidents being relied upon, rather than simply repeating a statutory phrase.

The LTB’s current guidance also recognizes that the appropriate level of detail can differ between notices, including whether the tenant has an opportunity to remedy the conduct.

What this could look like in practice

Compare a notice stating “you repeatedly disturb others” with one identifying particular incidents, approximate times, locations, and the conduct alleged.

The second account gives the tenant something concrete to investigate. They may have been away, remember the incident differently, or have relevant witnesses.

For a landlord preparing a case, an incident log can help distinguish firsthand observations from complaints received from others. Supporting records should correspond with the allegations actually being advanced.

The takeaway

Notice preparation is an important part of an eviction proceeding. Landlords should identify the events accurately, and tenants should examine whether the notice allows them to understand and answer the allegations. The assessment depends on the particular notice, applicable requirements, and factual context.

Contact JY Law to discuss your circumstances and how we may assist you.

The information above is provided for general educational purposes only and does not constitute legal advice. These summaries highlight selected principles and do not address every issue or subsequent legal development. Examples are hypothetical and do not predict outcomes. Your rights depend on the agreement, applicable law, and particular circumstances. Reading this page or contacting our firm does not, by itself, create a lawyer-client relationship. If you have further questions or require advice about your situation, please contact us.