Divisional Court Overturns LTB Decision: 2295477 Ontario Inc. v. Cromwell
Divisional Court overturns LTB decision, ruling that having multiple residences doesn't constitute unauthorized transfer of tenancy
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
May 2017
Order Date
May 16, 2017
Dispute Summary
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.
Determinations
- The Board erred in its understanding and application of the legal test for transfer of occupancy
- A person can have more than one residence
- The evidence did not satisfy the landlord's burden to establish a transfer of occupancy occurred
- The Board's compensation order was in error as all rental payments had been made
Case Study
The Divisional Court found that the Landlord and Tenant Board erred in its understanding and application of the legal test for transfer of occupancy under section 100 of the Residential Tenancies Act. The Board incorrectly assumed that a person can have only one residence, which is not supported by law. The Court ruled that the evidence did not satisfy the landlord's burden to establish that a transfer of occupancy occurred in this case.
Arguments and Actions
Landlord
Arguments
The landlord argued that the tenant's use of another address on official documents indicated a transfer of occupancy of the rental unit.
Actions
The landlord alleged that the tenant had illegally transferred possession of the rental unit to his sister without authorization.
Tenant
Arguments
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.
Actions
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.
Decision Summary
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.
Adjudicator Details
Divisional Court
Total Orders
12
Landlord Favorable
66.7%
Tenant Favorable
25.0%
Mutual Agreement
8.3%
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