Lofsky v Winnick
Landlord wins · Thornhill · 2025-10-10
- Adjudicator
- Bryan Delorenzi
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Landlord
- S.L.
- Tenant
- S.W.
What happened
The Tenant requested a review of an order terminating the tenancy for Landlord's personal use (residential occupation by the Landlord's daughter). The Tenant raised several grounds for review, including claims that they were not properly compensated under the Act, that the Landlord's application should have been heard alongside their own application, and that the original Member erred in finding good faith. The Tenant also cited a disability and the negative impact of eviction as reasons to reconsider. The Board conducted a preliminary review without a hearing and found no serious error in the original decision, confirming the termination of the tenancy.
The ruling
The LTB denied the Tenant's request for a review of an eviction order. The original decision, which terminated the tenancy effective October 31, 2025, for the Landlord's daughter's use, was upheld. The Board found that the original Member properly evaluated evidence of good faith and compensation, and that the procedural decision to hear applications separately was consistent with the Board's mandate for efficiency.