Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
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Citation: Gykan Enterprises Inc. v. Pourshian, 2023 ONSC 4003
File Number: 550/22
Hearing Date
Jul 2023
Order Date
Jul 6, 2023
The Divisional Court dismissed the landlord's appeal of the LTB decision that found the tenancy was residential. The court found no errors of law in the LTB's decision and affirmed that the LTB had jurisdiction to make the determination even after the landlord had locked out the tenant. The court ordered the landlord to pay $2,000 in costs to the tenant.
Landlord appealed LTB decision that found the tenancy was residential. Landlord had locked Tenant out claiming the lease was commercial. Tenant applied to LTB to determine if Residential Tenancies Act applied and to address illegal lockout.
Landlord argued that LTB lacked jurisdiction because tenancy was terminated before LTB application, that tenant's application was abuse of process, that evidence showed tenancy was commercial, and that LTB failed to balance rights and responsibilities of parties.
Landlord issued notice of termination for non-payment of rent and changed locks a few days later. Landlord required tenant to sign temporary access agreement to retrieve belongings.
Landlord illegally locked out tenant before LTB determination on nature of tenancy.
Landlord illegally locked out tenant and changed locks before LTB determination on nature of tenancy.
Tenant argued that the tenancy was residential and protected under the Residential Tenancies Act, despite the commercial lease and zoning.
Tenant brought application to LTB on the day he was locked out to determine if Residential Tenancies Act applied. Tenant also filed application alleging illegal lockout.
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
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Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
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