Smith v. Gega

Landlord wins · Mississauga · 2023-08-16

Adjudicator

Justice Wilkinson

Dispute

Tenant-initiated Termination

Notice

Personal use (N12)

Landlord

F.G., L.G.

Tenant

S.S.

Landlord rep

Timothy Duggan

Tenant rep

Christopher Melville-Gray

What happened

Tenant Susan Smith appealed a Landlord and Tenant Board decision that found she did not meet the definition of 'tenant' under the Residential Tenancies Act, resulting in an eviction order. Smith had been living in the unit since 1964 with her parents, who were the original tenants. After her parents' deaths, Smith continued residing there. The landlords purchased the unit in 2021 and served an eviction notice for personal use.

The ruling

The court dismissed Smith's appeal, finding that she was not a tenant as defined in the Residential Tenancies Act at the time of the condominium conversion. The court upheld the Landlord and Tenant Board's decision that Smith is not protected under section 51(1) of the Act and can be evicted. The eviction order was reinstated.