In Telan v. Elm Place (Div Court, 2023) the Divisional Court applied the 'effect of payment' [RTA 45] provisions that bars the doctrine of estoppel when a tenant pays some back-rent, thus enabling the landlord to continue to pursue termination:
Additional Issue: Novation
[20] Although not pursued in oral argument, Ms. Telan submitted in her factum that a novation occurred when the landlord accepted rent payments pursuant to her existing tenancy agreement. It does not appear this argument was raised before the Board. In any event, s. 45 of the Act expressly provides that unless a landlord and tenant agree otherwise, “the landlord does not waive a notice of termination, reinstate a tenancy or create a new tenancy” by accepting arrears of rent or rent payments after the Board makes an eviction order. There was no evidence before the Board that the parties had agreed to a novation. This ground of appeal is dismissed.
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