On September 30, 2016, in the decision of Letestu v Ritlyn Investments, 2016 ONSC 6540, Justice Sloan of the Ontario Superior Court of Justice ruled that the estate of a deceased tenant had 1 year to sue the landlord of the deceased. The estate had claimed that the deceased had tripped on a “worn, torn and unsecured carpet” in his living room and fell, resulting in personal injury (prior to his death). As will be explained below, this is a significant decision for residential tenants and landlords, and should apply regardless of whether the tenant brings his or her claim personally, or through his or her estate.

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