Evgeniya v. Gurevitch

Landlord wins · 2016-10-05

Adjudicator

Nordheimer J.

Dispute

Eviction

Landlord

S.G.

Tenant

C.E.

Landlord rep

Arkadi Bouchelev, David Bernstein

Tenant rep

Olga S. Morozova

What happened

Tenant appealed an order of the Landlord and Tenant Board that refused to set aside a previous eviction order. The tenant claimed she was not a tenant but actually owned the property, alleging fraud by the landlord. The court dismissed the appeal, finding no question of law to give it jurisdiction and upholding the Board's factual determination that the appellant was a tenant.

The ruling

The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's decision refusing to set aside an eviction order. The court found it lacked jurisdiction to hear the appeal as it did not raise a question of law, which is required for appeals from the Board. The court upheld the Board's factual determination that the appellant was a tenant and could not revisit this finding on appeal.