07/21/2026
🏠 ATTENTION ONTARIO LANDLORDS: Two brand-new Court of Appeal decisions just showed how one "small" omission can destroy your entire eviction case.
In two cases released July 16 (Miller Estate v. Arguelles and Shafiq v. Ramsay), landlords filed applications to evict tenants so they or their family could move in. Sounds routine, right?
Here's the problem: the law (s. 71.3 of the Residential Tenancies Act) says you MUST disclose details of every similar notice you've served in the past two years. Both landlords left out an earlier notice. One honestly thought it didn't matter since he never followed through on it.
The Court of Appeal disagreed — strongly. It ruled the disclosure rule is mandatory, and an application that skips it is void. It can't be fixed after the fact. Not even if the tenant already knew about the old notice.
The fallout for these landlords:
👉 Eviction orders thrown out
👉 Applications quashed completely
👉 Original notices expired — useless now
👉 Years of hearings and appeals down the drain
👉 Ordered to pay the tenants' legal costs
Both have to start the whole process again from scratch.
💡 THE LESSON: A trained legal representative would have known to ask about prior notices. And even if they didn't, when you retain a lawyer or paralegal, disclose EVERYTHING — every notice served, every prior attempt, every document — whether or not YOU think it matters. What seems trivial to you may be legally fatal to your case. Let your legal representative decide what's relevant. That's what they're there for.
In law, the detail you leave out is almost always the one that sinks you. Don't learn this lesson the expensive way. ⚖️