Salih v. Lacroix

Tenant wins · 2024-02-09

Adjudicator

H. E. Sachs J.

Dispute

Eviction

Landlord

A.S.

Tenant

J.L., J.L.

Landlord rep

Derek Chou

Tenant rep

Tyson Burke

What happened

The Landlord appealed a decision of the Landlord and Tenant Board (LTB) that declined to evict the Tenants under s.83(1) of the Residential Tenancies Act. The Landlord initially raised six grounds of appeal but withdrew them during the hearing. The Landlord then attempted to introduce a new argument, which the court denied leave to argue.

The ruling

The Divisional Court dismissed the Landlord's appeal of the LTB decision that declined to evict the Tenants. The court found that the LTB had properly considered all circumstances as required by s.83(1) of the Residential Tenancies Act, including those of both the Landlord and Tenants. The court emphasized the tenant protection purpose of the Act and the need for liberal interpretation.