Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
-
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Hearing Date
Sep 2023
Order Date
Oct 6, 2023
The Divisional Court allowed the tenant's appeal and set aside the Landlord and Tenant Board's orders that refused to set aside the eviction order. The court found that the Board erred in law by failing to consider evidence of misrepresentation and not fulfilling its statutory duties under the Residential Tenancies Act.
Tenant appealed Landlord and Tenant Board orders denying his motion to set aside an eviction order and denying his request to review that decision. The eviction order was based on an agreement the tenant signed to terminate his tenancy in exchange for $6,000, which he later contested. The tenant argued the agreement was signed under duress, was unconscionable, and based on misrepresentations by the landlord's agent.
Landlord argued that the agreement to terminate tenancy was valid and enforceable.
Landlord's agent allegedly told tenant the building was condemned, eviction was inevitable, and sheriff's visit was imminent.
Alleged misrepresentation by landlord's agent regarding building condemnation and imminent eviction
Tenant argued the agreement was signed under duress, was unconscionable, and based on misrepresentations by the landlord's agent.
Tenant signed agreement to terminate tenancy, then contacted landlord to retract agreement. Tenant argued he was misled about the necessity of signing the agreement.
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Lawful Rent
$652
Other Amount
$6,000
Compensation offered for terminating tenancy
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