Divisional Court Upholds Landlord's Bad Faith Eviction Ruling: Gusain v Arnold 2023
Divisional Court dismisses landlords' appeal, upholds $32570 award to tenants for bad faith eviction
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Decision in favor of
tenant
Balance Owed to Tenants
$32,570
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jun 2023
Order Date
Jun 28, 2023
Dispute Summary
Landlords appealed three decisions of the Landlord and Tenant Board. The Board found that the Landlords terminated the Tenants' tenancy in bad faith and awarded the Tenants compensation. The Landlords submitted that the Board failed to afford them procedural fairness and made other legal errors.
Determinations
- Landlords were aware of the hearing and chose not to attend
- Landlords' documentary evidence was considered by the Board
- Landlords' explanation for non-attendance was not accepted
- Board followed its rules and procedures for review requests
- No breach of procedural fairness or other legal error
Case Study
The Divisional Court found that the Board did not breach procedural fairness or otherwise err in law in making the initial decision or the two review decisions relating to the Tenants' application alleging bad faith termination of the tenancy.
Decision Summary
The Divisional Court dismissed the Landlords' appeal and ordered them to pay $2,000 in costs to the Tenants.
Adjudicator Details
LTB Member
Total Orders
1
Landlord Favorable
0.0%
Tenant Favorable
100.0%
Mutual Agreement
0.0%
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Financial Details
Damages
$32,570
Total Owing
$32,570 (Owed to Tenants)
Source
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