Daley v. Linton

Tenant wins · 2018-08-28

Adjudicator

Then J.

Dispute

Illegal Act, Substantial Interference

Notice

Tenant rights (T2)

Landlord

G.D.

Tenant

F.L.

Tenant rep

Ryan Hardy

What happened

Landlord applied to evict Tenant for substantially interfering with reasonable enjoyment and impairing safety. Tenant appealed LTB eviction order, arguing procedural errors and lack of mandatory findings under s. 64(3) of Residential Tenancies Act.

The ruling

The Divisional Court allowed the tenant's appeal of the LTB eviction order. The court found that the LTB made an error of law by not considering whether the N5 notice had been voided within the 7-day period, which is a mandatory finding for N5 evictions. The court set aside the eviction order due to this legal error.