Divisional Court Upholds LTB Ruling Against Landlord Misuse of Personal Use Claim: Zarei v Afsharian 2023
Divisional Court dismisses landlords' appeal, upholds LTB ruling against misuse of personal use eviction claim
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2022
Hearing Date
Sep 2023
Order Date
Sep 26, 2023
Dispute Summary
Landlords applied to terminate the tenancy for personal use of the premises, but the LTB found that this was a misuse of the process and awarded the tenants compensation. The tenants appealed the LTB's decision, arguing they did not receive notice of the original hearing.
Determinations
- LTB found landlords misused process to terminate tenancy for personal use
- Tenants awarded compensation for this misuse
- LTB rejected tenants' argument they did not receive notice of original hearing
Case Study
The Divisional Court found that the issue of procedural fairness raised by the landlords turned solely on a finding of fact by the LTB that the landlords received notice of the hearing. The court held that it had no jurisdiction to interfere with this finding of fact. The court also noted that the LTB was entitled to deem that a delivered email is proper service and that service on one residential landlord is service on all landlords.
Arguments and Actions
Landlord
Arguments
Landlords argued they did not receive notice of the original hearing due to issues with Mr. Zarei's email account while he was travelling abroad.
Actions
Landlords claimed they wanted the premises for personal use, but the LTB found this was a misuse of the process.
Aggravating Factors
Landlords misused the process to terminate the tenancy for personal use, when the real intent was to re-let the premises for a higher rent and subsequently sell the property.
Decision Summary
The Divisional Court dismissed the landlords' appeal, finding no error in the LTB's conclusion that notice was properly given to the landlords. The court also noted that if the landlords had been present at the hearing and provided their account of events, the result would likely have been the same.
Adjudicator Details
LTB Member
Total Orders
7
Landlord Favorable
57.1%
Tenant Favorable
42.9%
Mutual Agreement
0.0%
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