Last updated: August 16, 2024
Agree with the ruling?
Citation: Sertic v. Mergarten, 2017 ONSC 263
File Number: TSL-62768-15-RV2, TST-64537-15-RV2
Hearing Date
Jan 2017
Order Date
Jan 11, 2017
The Divisional Court dismissed the tenant's appeal, upholding the Landlord and Tenant Board's orders allowing the landlord to evict the tenant for personal use of the premises. The court found the Board's interpretation of 'residential occupation' to be reasonable and saw no evidence of bias or procedural unfairness.
The landlord sought to evict the tenant to take possession of the premises (basement of a house) for her own purposes. The tenant appealed two orders of the Landlord and Tenant Board - one allowing the landlord's eviction application, and another dismissing the tenant's request for a review of the first order.
The landlord argued that using the premises for storage related to personal occupation of other parts of the house constitutes 'residential occupation' under the Act.
The landlord sought to evict the tenant to use the basement of the house she otherwise occupies for storage and other uses directly related to her personal occupation.
The tenant argued that the Board's finding was not open because the landlord's affidavit did not state her intention to occupy the premises.
The tenant raised issues regarding the bona fides of the landlord's desire to occupy the premises for her own purposes.
Need assistance from an expert?
Click to switch between order outcomes
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.