Landlord Wins Personal Use Case: Azubalis v Mason 2024

Dispute Summary

The Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord in good faith requires possession of the rental unit for the purpose of residential occupation for at least one year by the Landlord's child. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.

Determinations

• The LTB granted the Landlord's application, terminated the Tenant's tenancy, and required her to vacate the rental unit by October 30, 2023.
• The Tenant requested a review of the order and that the order be stayed until the request to review the order is resolved.
• The Tenant alleges that the LTB misapprehended the test of good faith under subsection 48(1) of the Act, did not consider relevant evidence and misapprehended the legal test under subsections 83(3)(b) and (c) of the Act, and the order provided inadequate reasons.

Arguments and Actions