Last updated: August 6, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
$6,000
to Tenant
Agree with the ruling?
Hearing Date
Sep 2023
Order Date
Oct 6, 2023
The Divisional Court allowed the appeal, set aside the orders of the Landlord and Tenant Board, and set aside the ex parte eviction order. The Court found the Board erred in law by failing to consider evidence of misrepresentation by the landlord's agent and the landlord's good faith under the Residential Tenancies Act.
Landlord applied for an order to terminate the tenancy and evict Tenant due to an agreement signed by Tenant to terminate the tenancy in exchange for a $6,000 payment. Tenant later contacted the landlord and said he did not want to give up his tenancy, but the landlord refused. Tenant brought a motion to set aside the eviction order, arguing duress, unconscionability, and misrepresentation by the landlord's agent.
Landlord argued Board's findings of credibility against Tenant on duress argument should also apply to misrepresentation argument.
Landlord refused to allow Tenant to withdraw from agreement after Tenant contacted them.
Tenant argued agreement was obtained through duress, unconscionability, and misrepresentation by landlord's agent.
Tenant signed agreement to terminate tenancy in exchange for $6,000 payment, but later contacted landlord and said he did not want to give up tenancy.
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Lawful Rent
$652
Other Amount
$6,000
Compensation for terminating tenancy
Ordered Amount
$6,000 (to Tenant)
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