Divisional Court Overturns Landlord and Tenant Board Eviction Order in Pelletier v Bloorston Farms: Pelletier v Bloorston Farms Ltd. 2023
Divisional Court overturns Landlord and Tenant Board eviction order, finding legal errors in failing to consider evidence of misrepresentation
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Decision in favor of
tenant
Balance Owed to Tenant
$6,000
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Sep 2023
Order Date
Oct 6, 2023
Dispute Summary
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.
Determinations
- Board erred in law by failing to consider evidence of misrepresentation
- Board erred in law by failing to consider good faith of landlord under s. 202
Case Study
The Board failed to consider evidence of misrepresentation by the landlord's agent, which was a separate argument from duress. The Board was required under the Residential Tenancies Act to consider this evidence in determining whether it would be unfair to set aside the eviction order. The Board also failed to consider the good faith of the landlord under s. 202 of the Act.
Arguments and Actions
Landlord
Arguments
Landlord argued Board's findings of credibility against Tenant on duress argument should also apply to misrepresentation argument.
Actions
Landlord refused to allow Tenant to withdraw from agreement after Tenant contacted them.
Tenant
Arguments
Tenant argued agreement was obtained through duress, unconscionability, and misrepresentation by landlord's agent.
Actions
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.
Decision Summary
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.
Adjudicator Details
LTB Member
Total Orders
3
Landlord Favorable
33.3%
Tenant Favorable
66.7%
Mutual Agreement
0.0%
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Financial Details
Lawful Rent
$652
Other Owed Amount
$6,000
Compensation for terminating tenancy
Total Owing
$6,000 (Owed to Tenant)
Source
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