De Vos v. Liverance: Divisional Court Upholds LTB Eviction Order
Divisional Court quashes tenant appeal, upholds LTB eviction order for landlord's personal use of basement apartment
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
Application Date
Apr 2023
Tenancy End Date
Apr 2023
Hearing Date
Jul 2023
Order Date
Jul 7, 2023
Dispute Summary
Landlords sought to terminate tenancy to recover basement apartment for use by landlord's ailing father. Tenants appealed LTB decision granting termination. Divisional Court quashed appeal, finding no merit in tenants' arguments.
Determinations
- LTB correctly stated and applied law on terminating tenancy for landlord's own use
- LTB's finding of landlords' genuine intent was supported by evidence
- Tenants' procedural fairness arguments lacked merit
- Appeal had no reasonable prospect of success
Case Study
The court found that the LTB correctly applied the law for terminating a tenancy based on landlord's own use. The LTB's finding that the landlords had genuine intent to use the unit for a family member was a factual determination not subject to appeal. The court dismissed tenants' procedural fairness arguments as without merit.
Arguments and Actions
Landlord
Arguments
Landlords argued they had genuine intent to use the basement apartment for Ms. Liverance's ailing father, meeting the requirements for terminating tenancy for personal use.
Actions
Landlords provided evidence that Ms. Liverance's father, Doug Liverance, has been diagnosed with cancer and diabetes, and has pending treatment. Mr. Liverance provided an affidavit attesting to his intent to occupy the premises for at least a year.
Tenant
Arguments
Tenants raised procedural fairness issues and attempted to introduce irrelevant matters such as rent disputes, Fire Code violations, and claims of damages from participating in LTB proceedings.
Actions
Tenants claimed it would be 'better' for landlord's father to live within landlords' dwelling unit rather than basement apartment. Tenants alleged landlords intended to renovate and re-rent at higher rent.
Procedural Errors
Tenants failed to obtain transcripts of LTB proceedings for the appeal.
Aggravating Factors
Tenants made numerous irrelevant arguments and personal attacks, showed inability to focus on relevant issues, and made outlandish claims about legal expenses.
Decision Summary
The Divisional Court quashed the tenants' appeal of the LTB decision terminating their tenancy. The court found no merit in the tenants' arguments and upheld the LTB's decision to grant possession to the landlords for use by a family member. The stay of eviction was lifted, and the Sheriff was directed to enforce the eviction order as soon as practicable.
Adjudicator Details
Divisional Court
Total Orders
19
Landlord Favorable
79.0%
Tenant Favorable
15.8%
Mutual Agreement
5.3%
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Financial Details
Lawful Rent
$1,594
Source
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