Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$9,000
to Landlord
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Citation: Fernandes v. Golle, 2021 ONSC 6773
File Number: 538/20
Hearing Date
Oct 2021
Order Date
Dec 17, 2021
The Divisional Court dismissed the Tenants' appeal of the Landlord and Tenant Board's order terminating their tenancy due to lack of jurisdiction. The court determined that the appeal raised a question of mixed fact and law, which falls outside its jurisdiction under the Residential Tenancies Act. The Landlords were awarded $9,000 in costs.
Tenants appealed a Landlord and Tenant Board order terminating their tenancy. They sought to set aside a consent order, claiming the Landlords misrepresented that they could purchase the property if they agreed to the order.
Tenants argued that the consent order should be set aside due to the Landlords' alleged misrepresentation about their ability to purchase the property if they agreed to the order.
Tenants sought to introduce fresh evidence to support their claim that the consent order was induced by misrepresentation from the Landlords.
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Other Amount
$9,000
Costs of appeal awarded to Landlords
Ordered Amount
$9,000 (to Landlord)
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