Turner v. Northview Apartment Reit

Tenant wins · 2019-04-05

Adjudicator

Wilton-Siegel J.

Dispute

Illegal Act, Substantial Interference

Landlord

N.A.R.

Tenant

R.T.

Landlord rep

Kristin A. Ley

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant on the basis that he had seriously impaired the safety of another person in the residential complex and committed an illegal act by assaulting a member of the Landlord's staff. The Tenant appealed the eviction order made by the Landlord and Tenant Board and the subsequent review order that denied his request for review.

The ruling

The Divisional Court set aside the LTB's eviction order and review order due to a reasonable apprehension of bias on the part of the LTB Member. The Court remitted the Landlord's application for eviction back to the LTB for a new hearing before a different adjudicator.