Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
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Tenancy End Date
Sep 2022
Hearing Date
Feb 2023
Order Date
Mar 2, 2023
The Divisional Court quashed the tenant's appeal of the LTB decision, finding that no question of law was raised. The court upheld the LTB's order terminating the tenancy and evicting the tenant. The automatic stay of the LTB's order was lifted, effective March 17, 2023, to allow the tenant time to vacate the premises.
Tenant appealed an LTB decision that terminated the tenancy and ordered eviction based on the landlord's claim of requiring the unit for personal use. The Divisional Court quashed the appeal, finding no question of law was raised.
Landlord argued that the appeal should be quashed as it failed to raise a question of law, which is required for appeals from LTB decisions.
Landlord gave notice of termination under s. 48(1) of the RTA, claiming to require possession of the rental unit for residential occupation for at least one year.
Tenant argued that the LTB Member made errors in law by not properly considering evidence and failing to apply certain sections of the RTA.
Tenant appealed the LTB decision, arguing that the Member failed to apply s. 71.1(3) of the RTA, did not properly consider prior N12 notices, failed to consider evidence of reprisal, and failed to consider the absence of evidence supporting the landlord's application.
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