Opong, Akyen-Dickson v. Fullo, Irmak

Landlord wins · 2015-10-21

Adjudicator

Leitch J.

Dispute

Eviction

Landlord

M.O., A.A.

Tenant

H.F., R.I.

Landlord rep

Wade Morris

Tenant rep

Patrick Di Monte

What happened

Tenants appealed a Landlord and Tenant Board decision that found evidence of a three-year lease irrelevant because the person who allegedly entered into the lease was not an owner of the property. The tenants argued that the definition of 'Landlord' in the Residential Tenancies Act includes 'any other person who permits occupancy of a rental unit', which could have impacted the validity of the eviction notice.

The ruling

The Divisional Court dismissed the tenants' appeal of the Landlord and Tenant Board's decision. The court found that the tenants' argument about the definition of 'Landlord' in the Residential Tenancies Act was not made before the Board, and therefore the Board did not err in law. The court also noted that it could not grant the damages remedy sought by the tenants, and even if a re-hearing was ordered, the Board would not have jurisdiction to award such damages.