Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
Agree with the ruling?
Citation: Fard et al v. Wu, 2023 ONSC 1965
File Number: DC-22-1305-00
Tenancy End Date
Apr 2022
Hearing Date
Mar 2023
Order Date
Apr 3, 2023
The Divisional Court dismissed the tenants' appeal of the Landlord and Tenant Board orders. The court found no errors of law in the Board's decisions and ruled that the Board's factual findings were supported by evidence. The court also declined to set aside a previous order dismissing the landlord's motion to quash the appeal.
Tenants appealed two Landlord and Tenant Board orders: one terminating their tenancy for the landlord's personal use, and another denying their request to review the initial order. The main dispute was over the length of the lease agreement, with the landlord claiming a one-year lease and the tenants claiming a three-year lease.
Landlord argued that he in good faith required possession of the rental unit for his own occupation.
Landlord claimed he only agreed to a one-year lease while he was in China getting married, intending to return to live in the home with his wife.
Tenants argued that the Board erred in its application of sections 48, 83, and 202 of the Residential Tenancies Act, misapprehended evidence, failed to provide sufficient reasons, and denied procedural fairness.
Tenants claimed there was a three-year lease agreement, which was disputed by the landlord.
Need assistance from an expert?
Click to switch between order outcomes
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.