Dean v. McDonald

Landlord wins · 2022-11-03

Adjudicator

Matheson J.

Dispute

Personal Use

Landlord

M.M.

Tenant

H.D., G.L.

Landlord rep

David S. Strashin

What happened

Landlord applied to terminate tenancy for personal use. Tenants appealed LTB decision terminating their tenancy, alleging bad faith and retaliation. Divisional Court dismissed the appeal, finding no errors of law in LTB's decision.

The ruling

The Divisional Court dismissed the tenants' appeal of the LTB decision terminating their tenancy. The court found no errors of law in the LTB's decision, including its application of s. 83(3) of the Residential Tenancies Act and its findings regarding the landlord's good faith intention to occupy the unit. The court extended the eviction date to December 5, 2022.