Landlord Wins Eviction Case: Linhares v Rahman 2023
Divisional Court upholds landlord's successful eviction of tenant for personal use
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Sep 2022
Hearing Date
Feb 2023
Order Date
Mar 2, 2023
Dispute Summary
Landlord gave Tenant notice to terminate the tenancy under s. 48(1) of the Residential Tenancies Act 2006 to occupy the rental unit for at least one year. The Tenant appealed the LTB's decision terminating the tenancy and evicting the Tenant.
Determinations
- Landlord met requirements of s. 48(1) of the RTA
- Tenant's grounds of appeal did not raise a question of law
- Landlord and her daughter owned the rental unit
Case Study
The Divisional Court found that the Tenant's grounds of appeal did not raise a question of law, as the Tenant was essentially disagreeing with the LTB Member's factual findings. The court also considered the issue of the Member's failure to provide an opportunity for post-hearing submissions, but found that this would not have affected the outcome.
Decision Summary
The Divisional Court quashed the Tenant's appeal, finding that it did not raise a question of law. The court lifted the automatic stay of the LTB's order terminating the tenancy and evicting the Tenant, with the lifting of the stay to take effect 15 days after the release of the endorsement.
Adjudicator Details
LTB Member
Total Orders
7
Landlord Favorable
57.1%
Tenant Favorable
14.3%
Mutual Agreement
28.6%
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