Salih v. Lacroix

Tenant wins · 2024-02-09

Adjudicator

H. E. Sachs

Dispute

Eviction

Landlord

A.S.

Tenant

J.L., J.L.

Landlord rep

Derek Chou

Tenant rep

Tyson Burke

What happened

The Landlord appealed the decision of the Landlord and Tenant Board (LTB) where the Board exercised its discretion under s.83(1) of the Residential Tenancies Act and declined to evict the Tenant. The Landlord argued that the Board erred in law in its application of the test under s.83(1) by failing to address the unfairness to the Landlord if the eviction is not granted.

The ruling

The appeal is dismissed. The Divisional Court found that the Board did not err in law in its application of the test under s.83(1) of the Act.