Divisional Court Rules on Tenant Appeal: Guillaume v. Barney Rivers Investments Ltd
Divisional Court denies tenant's interim relief in wrongful lockout appeal, orders landlord not to re-rent pending expedited hearing
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2022
Order Date
Jan 12, 2022
Dispute Summary
Tenant appealed LTB decision dismissing her application about being wrongly locked out. LTB found she was not a tenant of the rental unit. Tenant sought interim relief to live in the unit or stay the LTB decision pending appeal.
Determinations
- Tenant's request to occupy rental unit pending appeal denied
- Landlord prohibited from re-renting premises pending appeal hearing
- Appeal to be expedited
- No order as to costs due to divided success on motion
Case Study
The court considered the three-part test for interim relief: serious issue to be tried, irreparable harm, and balance of convenience. While most of the tenant's grounds were challenges to fact-finding, procedural fairness issues met the low threshold for serious issues. Financial harm was not considered irreparable. The balance of convenience favored prohibiting re-renting pending appeal but not granting interim occupancy to the tenant.
Arguments and Actions
Landlord
Arguments
Landlord argued that the tenant was a roommate, not a tenant, and that they were unaware of an 'authorized occupant' for whom they would be obliged to make an application to the LTB of an unauthorized assignment of the lease.
Actions
Landlord changed the locks after finding the unit mostly empty except for several cats. They ensured the cats were given shelter.
Tenant
Arguments
Tenant relied on s. 104(4)(b) of the Residential Tenancies Act, 2006, submitting that her occupation was deemed to be an assignment of the rental unit in her circumstances.
Actions
Tenant brought a T2 Application about Tenant Rights, seeking an order determining she had been wrongfully locked out. She listed herself and Ms. O as applicants, but Ms. O later confirmed she did not bring the application and was not pursuing it.
Decision Summary
The court denied the tenant's request to occupy the rental unit pending appeal but ordered the landlord not to re-rent the premises until the appeal is heard. The appeal will be expedited. No costs were awarded due to divided success on the motion.
Adjudicator Details
Divisional Court
Total Orders
16
Landlord Favorable
56.3%
Tenant Favorable
25.0%
Mutual Agreement
18.8%
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