Abraham v. 5 Linwood Holdings

Landlord wins · 2022-01-19

Adjudicator

Swinton J.

Dispute

Illegal Act, Safety, Substantial Interference

Notice

Substantial interference (N5), Illegal act (N6), Serious impairment of safety (N7)

Landlord

5 Linwood Holdings

Tenant

M.A., R.A.

Landlord rep

Delaram Mehdizadeh Jafari

What happened

The landlord served three notices to terminate the tenancy due to interference with reasonable enjoyment, illegal act, and serious impairment of safety. The Landlord and Tenant Board terminated the tenancy based on these grounds. The tenants appealed the Board's decision to the Divisional Court.

The ruling

The Divisional Court dismissed the tenants' appeal of the Landlord and Tenant Board's decision to terminate their tenancy. The Court found no errors of law in the Board's decision and upheld the eviction order, but stayed its execution until March 1, 2022.