Tenant vs Purchaser Status: Weston on the Humber v. Kelly, 2016 ONSC 376
Court grants tenant one week to secure financing for unit purchase or face eviction after 8-year occupancy dispute
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Dispute resolved in
agreement
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Jan 2016
Order Date
Jan 14, 2016
Dispute Summary
Landlord sought to quash tenant's appeal of LTB decision or stay the LTB order terminating tenancy. Tenant argued he was not a tenant but a purchaser with interim occupancy since 2007. The court declined to quash the appeal but ordered the tenant to provide proof of financing to purchase the unit or vacate.
Determinations
- Appeal has arguable merit and should not be quashed
- Tenant given one final opportunity to prove financing to purchase unit
- Stay on eviction order to be lifted if financing not proven by January 20, 2016
Case Study
The court found the tenant had an arguable question of law regarding his status as a tenant vs. purchaser, justifying the appeal. However, the court ordered the tenant to provide proof of financing to purchase the unit within a week, or the stay on the eviction order would be lifted.
Arguments and Actions
Landlord
Arguments
Landlord argues the September 22, 2008 Agreement constitutes an interim lease agreement.
Actions
Landlord characterizes the relationship as a tenancy and payments as rent, despite receipts labeling them as 'Interim Occupancy Payments'.
Tenant
Arguments
Tenant argues he is not a tenant governed by the Residential Tenancies Act, but a purchaser with interim occupancy since 2007.
Actions
Tenant has paid $1000 per month for close to eight years, characterizing payments as 'Interim Occupancy Payments'.
Aggravating Factors
Tenant has delayed purchase of unit since 2007
Decision Summary
The court declined to quash the tenant's appeal of the LTB eviction order, finding an arguable question of law regarding the tenant's status. The tenant was given until January 20, 2016 to provide proof of financing to purchase the unit for $207,000, or the stay on the eviction order would be lifted.
Adjudicator Details
Divisional Court
Total Orders
2
Landlord Favorable
0.0%
Tenant Favorable
50.0%
Mutual Agreement
50.0%
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Financial Details
Lawful Rent
$1,000
Source
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