Sertic v. Mergarten

Landlord wins · 2017-01-11

Adjudicator

Nordheimer J.

Dispute

Personal Use

Landlord

K.M.S.

Tenant

D.M.

Landlord rep

David Strashin

Tenant rep

Karen Andrews

What happened

The landlord sought to evict the tenant to take possession of the premises (basement of a house) for her own purposes. The tenant appealed two orders of the Landlord and Tenant Board - one allowing the landlord's eviction application, and another dismissing the tenant's request for a review of the first order.

The ruling

The Divisional Court dismissed the tenant's appeal, upholding the Landlord and Tenant Board's orders allowing the landlord to evict the tenant for personal use of the premises. The court found the Board's interpretation of 'residential occupation' to be reasonable and saw no evidence of bias or procedural unfairness.