Landlord Wins Appeal: Asnake and Vittorio v. Aldrey, 2019 ONSC 4092
Court quashes tenant's appeal of N12 eviction, affirming landlord's right to reclaim property for personal use
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Jun 2019
Order Date
Jul 5, 2019
Tenancy End Date
Jul 2019
Dispute Summary
The Landlords served an N12 notice to the Tenant for personal use of their adult child. The Tenant appealed the Landlord and Tenant Board's decision to terminate the tenancy. The Landlords brought a motion to quash the Tenant's appeal.
Determinations
- The appeal is manifestly devoid of merit
- The appeal is an attempt to delay eviction
- The Board's findings on good faith and lack of retaliation evidence were reasonable
- The Board's exercise of discretion in postponing eviction was not an error of law
Case Study
The court found that the Tenant's appeal did not raise questions of law and was an attempt to delay eviction. The Board's findings on the Landlords' good faith requirement for personal use and lack of evidence for retaliation were reasonable and not subject to appeal.
Arguments and Actions
Landlord
Arguments
The Landlords argued that they required the unit in good faith for their son's use as it was closer to his college.
Actions
The Landlords had been telling the Tenant for years that it was their intention to have the rental unit for their children when they attended college.
Tenant
Arguments
The Tenant argued that the N12 notice was retaliatory due to his complaints about maintenance issues, particularly regarding the refrigerator.
Actions
The Tenant had lived in the rental unit for almost 5 years, which was the longest he had ever resided at a single location. He had acquired a cat and expected difficulties in finding accommodation where he could take the cat.
Decision Summary
The court quashed the Tenant's appeal of the Landlord and Tenant Board's decision to terminate the tenancy for the Landlords' personal use. The court found the appeal had no merit and was an attempt to delay eviction. The Tenant was ordered to vacate by July 31, 2019 and pay costs to the Landlords.
Adjudicator Details
Superior Court of Justice
Total Orders
12
Landlord Favorable
66.7%
Tenant Favorable
25.0%
Mutual Agreement
8.3%
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Financial Details
Lawful Rent
$1,670
Source
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