Tenant Wins Personal Use Eviction Case: De Sousa v Cull, Duchoslavova

Case Study

The courts have provided significant guidance to the Board in interpreting the "good faith" requirement contained in section 48 of the Act. In Feeny v. Noble, 1994 CanLII 10538 (ON SC), 19 O.R. (3d) 762, the Divisional Court decided under a similar provision in subsection 103(1) of the Landlord and Tenant Act, R.S.O. 1990, c. L.7, and held that: "...the test of good faith is a genuine intention to occupy the premises and not the reasonableness of the landlord's proposal". Based on all the evidence, the Adjudicator has no reason to doubt the Landlord's assertions that her daughter genuinely intends to move into the rental unit for at least one year. However, before terminating the tenancy, the Adjudicator must consider all the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and determine whether it would be unfair to deny or delay eviction pursuant to subsection 83(1) of the Act. In making this determination, the Adjudicator must balance the interests of both sides in deciding whether to terminate the tenancy and evict the Tenant.