Kohen v. Warner

Tenant wins · Toronto · 2018-06-20

Adjudicator

C. Horkins

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

N.K., 8650173 Canada Ltd.

Tenant

P.W.

Landlord rep

Aaron B. Harnett

What happened

The Landlord appealed the Landlord and Tenant Board's decision to dismiss their application to evict the Tenant for personal use of the rental unit. The Landlord intended for his son, a university student, to occupy the unit on weekends and during summers for 5 years. The Board ruled that this occasional use did not constitute 'residential occupation' under s. 48(1) of the Residential Tenancies Act.

The ruling

The Divisional Court dismissed the Landlord's appeal of the Landlord and Tenant Board's decision. The court found that the Board Member's interpretation and application of s. 48(1) of the Residential Tenancies Act was reasonable. The proposed intermittent use of the rental unit by the Landlord's son for weekends and summers over 5 years did not constitute 'residential occupation' as required by the Act to terminate the tenancy.