Fedorchuk v. 72056 Ontario Ltd.

Landlord wins · 2016-01-08

Adjudicator

Sachs J.

Dispute

Superintendent'S Premises, Termination of Tenancy

Amount

$5-10K

Landlord

72056 Ontario Ltd.

Tenant

D.F.

Landlord rep

Robert J. Drake, Sanja Sopic

Tenant rep

Conner Harris, Garett Schromm

What happened

The tenant appealed a Landlord and Tenant Board decision that terminated her tenancy under s. 93 of the Residential Tenancies Act, after concluding she was a superintendent occupying superintendent's premises. The Board had found the tenant managed the residential complex, paid below-market rent, and provided services in exchange for reduced rent, despite no written employment agreement. The tenant disputed these findings and the determination that her tenancy agreement was part of an employment relationship.

The ruling

The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board decision terminating her tenancy. The court found no errors of law in the Board's determination that the tenant was a superintendent occupying superintendent's premises. The tenant was ordered to vacate by February 29, 2016 and pay $7,500 in appeal costs to the landlord.