De Vos v. Liverance

Landlord wins · 2023-07-07

Adjudicator

D.L. Corbett J.

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

C.L., J.A.

Tenant

B.D.V., A.D.V., Kingswood Preparatory Day School Inc.

Landlord rep

Spencer Toole

What happened

Landlords sought to terminate tenancy to recover basement apartment for use by landlord's ailing father. Tenants appealed LTB decision granting termination. Divisional Court quashed appeal, finding no merit in tenants' arguments.

The ruling

The Divisional Court quashed the tenants' appeal of the LTB decision terminating their tenancy. The court found no merit in the tenants' arguments and upheld the LTB's decision to grant possession to the landlords for use by a family member. The stay of eviction was lifted, and the Sheriff was directed to enforce the eviction order as soon as practicable.