Khan v. Campbell

Tenant wins · 2021-10-06

Adjudicator

Sachs J.

Dispute

Eviction, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.K.

Tenant

J.C.

Tenant rep

Yodit Edemariam

What happened

Tenant appealed a Landlord and Tenant Board decision that declined her request to void an eviction order. The original eviction order was issued due to non-payment of rent. The Tenant argued she had paid all necessary amounts to satisfy s. 74(11) of the Residential Tenancies Act, but the Board disagreed, citing unpaid enforcement fees. The Divisional Court found the Board made a legal error by including enforcement fees in its determination.

The ruling

The Divisional Court granted the Tenant's appeal and remitted the matter to the Landlord and Tenant Board for a new hearing. The court found that the Board made a legal error by including enforcement fees under the Administration of Justice Act in its determination of whether the Tenant was entitled to relief under s. 74(11) of the Residential Tenancies Act.