Divisional Court Upholds LTB Decision: Colafranceschi v. Nussbaum, 2023 ONSC 4377
Divisional Court upholds LTB decision allowing eviction for landlord's personal use, dismissing tenant's appeal
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed to Landlord
$2,000
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
Aug 2023
Order Date
Aug 22, 2023
Tenancy End Date
Sep 2023
Dispute Summary
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.
Determinations
- LTB's finding of landlord's good faith upheld
- No error of law in LTB's consideration of evidence
- LTB's monetary findings did not constitute an error of law
- LTB not obliged to further question landlord on good faith
- Tenant's challenge to adjudicators' credentials dismissed
- Appeal dismissed
Case Study
The Divisional Court found no errors of law in the LTB's decision. The court upheld the LTB's findings on good faith, consideration of evidence, and the landlord's intent. The court also found no error in the LTB's monetary findings or questioning of parties. The tenant's challenge to the adjudicators' credentials was dismissed.
Arguments and Actions
Landlord
Arguments
Landlord maintained that the application for personal use was made in good faith and that the LTB's decision was correct.
Actions
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
Arguments
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.
Actions
Tenant appealed the LTB decision to the Divisional Court, challenging the landlord's good faith and the LTB's decision-making process.
Decision Summary
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.
Adjudicator Details
Divisional Court
Total Orders
16
Landlord Favorable
56.3%
Tenant Favorable
25.0%
Mutual Agreement
18.8%
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Financial Details
Other Owed Amount
$2,000
Appeal costs
Total Owing
$2,000 (Owed to Landlord)
Source
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