Bailey v. Capreit Limited Partnership

Tenant wins · Toronto · 2022-06-08

Adjudicator

Lederer J.

Dispute

Illegal Act, Termination

Landlord

Capreit Limited Partnership

Tenant

R.B.

What happened

Tenant appealed LTB decision terminating tenancy due to alleged threat to another tenant. LTB found threat constituted illegal act justifying termination. Tenant disputed video evidence and fairness of hearing process.

The ruling

The Divisional Court granted the tenant's appeal and ordered a new hearing before a different panel of the Landlord and Tenant Board. The Court emphasized its limited jurisdiction to only consider questions of law and inability to review evidence or make factual determinations.