Last updated: August 16, 2024
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Citation: Two Clarendon Apartments Limited v. Sinclair, 2019 ONSC 3845
File Number: TSL-86609-17 and TSL-86609-17-RV
Hearing Date
Jun 2019
Order Date
Jun 19, 2019
The Divisional Court dismissed the landlord's appeal, finding that the Landlord and Tenant Board's decision to reject the N13 application for demolition and instead grant termination for extensive renovations was reasonable. The court upheld the Board's interpretation of 'demolition' under s. 50(1) of the Residential Tenancies Act and found no error in the Board's jurisdiction to amend the application.
The landlord appealed a Landlord and Tenant Board decision that rejected its N13 application for termination due to demolition, and instead granted termination for extensive renovations. The key issue was whether the work constituted a renovation or demolition under s. 50(1) of the Residential Tenancies Act.
The landlord argued that the Board gave an unreasonably narrow interpretation of s. 50(1)(a) and should have found there was a demolition. They also argued that the Board had no jurisdiction to substitute s. 50(1)(c) for s. 50(1)(a) in the N13 Application.
The landlord's work involved extensive alterations including replacement of floor joists and plumbing system, removal and replacement of walls, floors and ceilings, conversion of a two-bedroom apartment into a one-bedroom unit, changing the kitchen location, and creating a second bathroom.
The tenant acted in person during the appeal proceedings.
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