Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$2,000
to Landlord
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Citation: Colafranceschi v. Nussbaum, 2023 ONSC 4377
File Number: 122/23
Hearing Date
Aug 2023
Order Date
Aug 22, 2023
Tenancy End Date
Sep 2023
The Divisional Court dismissed the tenant's appeal of the LTB decision terminating the tenancy for the landlord's personal use. The court found no errors of law in the LTB's decision-making process or findings. The tenant was given until September 30, 2023, to vacate the premises and ordered to pay $2,000 in appeal costs to the landlord.
The landlord applied to terminate the tenancy for personal use by his son. The LTB granted the application, ordering the tenancy terminated and the tenant evicted. The tenant appealed the LTB's decision to the Divisional Court.
Landlord maintained that the application for personal use was made in good faith and that the LTB's decision was correct.
Landlord, who is over 90 years old, applied to terminate the tenancy so his son could move in to be nearby and help him.
Tenant argued that the LTB erred in finding the landlord acted in good faith, failed to properly consider evidence, and made errors in monetary findings.
Tenant appealed the LTB decision to the Divisional Court, challenging the landlord's good faith and the LTB's decision-making process.
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Other Amount
$2,000
Appeal costs
Ordered Amount
$2,000 (to Landlord)
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