Mediation Agreements based on Defective Notice
Consequences of a Defective N4 on enforcement of a Mediation Agreement
6. Parties must have confidence that mediated agreements represent full and final settlements of all issues unless the agreement is clearly worded to the contrary. As a result, parties should bring forward in one proceeding all issues arising from the same cause of action and not hold back a part of the claim that they know or ought to have known exists as of the commencement of the action. Similarly, in Mandel v. Morguard Residential Inc., the tenant’s application was dismissed as all of the issues raised could have been included in an earlier application brought by the tenant against the landlord. Lastly, in order TNT-00020, issued on March 16, 2007, the then Ontario Rental Housing Tribunal found that the tenant was raising issues that had been raised or ought to have been raised in the numerous Tribunal and court proceedings that the tenant had initiated against the landlord and dismissed the tenant’s application as an abuse of process.
4. The Tenant paid $776.47 for April’s rent in March 2011, which was not credited to her at the time the Landlord served the N4 Notice and filed the L1 application. As a result, I find that the N4 Notice is defective and the tenancy cannot be terminated at this time. The Landlord chose to proceed with the application, seeking rent arrears and costs only.