Last updated: August 16, 2024
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Citation: 2295477 Ontario Inc. v. Cromwell, 2017 ONSC 3048
File Number: TNL-83814-16 and TNL-83814-16-RV
Hearing Date
May 2017
Order Date
May 16, 2017
The Divisional Court allowed the appeal, set aside the Landlord and Tenant Board's order, and dismissed the landlord's application. The Court found that the Board erred in its legal interpretation of transfer of occupancy and that the evidence did not support the landlord's claim.
The landlord alleged that the tenant illegally transferred possession of the rental unit to his sister (the occupant) without authorization. The Landlord and Tenant Board ruled in favor of the landlord, terminating the tenancy and ordering the occupant to vacate. The tenant and occupant appealed this decision to the Divisional Court.
The landlord argued that the tenant's use of another address on official documents indicated a transfer of occupancy of the rental unit.
The landlord alleged that the tenant had illegally transferred possession of the rental unit to his sister without authorization.
The tenant argued that listing his girlfriend's address on tax returns and driver's license did not constitute a transfer of occupancy of the rental unit.
The tenant explained that he spent time at his girlfriend's place due to recent major surgery and convenience for physical therapy appointments. He maintained that he went back and forth between the apartment and his girlfriend's place.
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