Briarlane v. Limas

Landlord wins · Toronto · 2020-11-25

Adjudicator

L.A. Pattillo J.

Dispute

Breach of Conditions, Substantial Interference

Notice

Non-payment of rent (N5)

Landlord

Briarlane Property Management Inc.

Tenant

V.L., D.C.

Landlord rep

Timothy M. Duggan

What happened

The Landlord sought to terminate the tenancy and evict the Tenants for failing to comply with a previous Board order requiring them to remove items they had placed in the common area adjacent to their unit. The Tenants appealed the Board's orders terminating their tenancy and denying their request for review.

The ruling

The Divisional Court dismissed the Tenants' appeal of the Landlord and Tenant Board's orders terminating their tenancy and denying their request for review. The court found no procedural unfairness, bias, or legal errors in the Board's decisions. The termination order was upheld based on the Tenants' failure to comply with a previous Board order requiring removal of items from the common area.