Last updated: August 16, 2024
Dispute resolved in
Agreement
Ordered Amount
-
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Application Date
Jul 2021
Hearing Date
Oct 2022
Order Date
Dec 16, 2022
The Divisional Court allowed the appeal in part, setting aside the LTB's determination that the termination date was September 15, 2021. The court found a breach of procedural fairness in not allowing the landlord to make submissions on the termination date. However, the court dismissed the appeal regarding the LTB's jurisdiction to award compensation under an L3 application and found no reasonable apprehension of bias.
The landlord appealed a decision of the Landlord and Tenant Board (LTB) that terminated the tenancy as of September 15, 2021 but did not award compensation. The landlord argued there were errors in law regarding the LTB's jurisdiction to award compensation and in determining the termination date, as well as a breach of procedural fairness.
Landlord argued that the LTB erred in law by determining it did not have jurisdiction to grant compensation and in its determination of the date of termination of the tenancy. Landlord also argued there was a breach of procedural fairness.
Landlord responded that since it was a joint tenancy and Ms. Lee had decided to leave, the tenancy agreement would terminate in its entirety. Landlord indicated that given their initial email, the joint tenancy terminated on July 31, 2021, and a fresh lease would have to be negotiated.
Tenants argued that they had not consented to an assignment of the lease and that one tenant wanted to stay in the unit.
Tenants entered into a joint residential lease with the landlord dated September 1, 2019. On April 15, 2021, Ms. Lee emailed the landlord indicating she wished to provide 60 days notice to move out by July 31, 2021, and transfer her portion of the lease to a new tenant starting August 1, 2021.
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