Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
-
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Hearing Date
Jun 2024
Order Date
Jun 12, 2024
The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's decision to reject her request for reconsideration of a consent order terminating her tenancy. The court found no errors of law or procedural fairness violations in the Board's decision. The tenant was ordered to pay $2,500 in costs to the landlord.
Tenant appealed a Landlord and Tenant Board decision that summarily rejected her request for reconsideration of a consent order terminating her tenancy. The tenant argued that her mental health issues vitiated her consent to the order and that the Board failed to properly inquire into her capacity to consent.
Landlord argued that the Board's decision was correct and that there were no errors of law or procedural fairness violations.
Landlord agreed to provide tenant two extra months to leave the rental premises as part of a compromise.
Tenant argued that her mental health issues vitiated her consent to the order terminating her tenancy, that the Board failed to properly inquire into her capacity to consent, and that the Board failed to consider section 83 of the Residential Tenancies Act.
Tenant agreed to leave the rental premises with two extra months to do so in a compromise with the landlord.
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