Hennick v. Muhammed

Landlord wins · 2021-06-11

Adjudicator

Sachs J.

Dispute

Eviction, Lease Interpretation

Amount

$5-10K

Landlord

N.M., S.S.

Tenant

G.H.

Landlord rep

Rohit Sharma, Shanthi Devanand

What happened

Tenant appealed a Landlord and Tenant Board decision that terminated her tenancy based on the landlords entering into a valid agreement of purchase and sale, where the purchaser required possession of the rental unit in good faith. The tenant argued that the hearing was procedurally unfair and raised questions of law regarding the validity of the purchase agreement and interpretation of the lease.

The ruling

The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board decision that terminated her tenancy. The court found that the tenant's arguments did not raise valid questions of law and that there were no procedural fairness issues in the Board's handling of the case. The landlords were awarded $5,000 in costs.