Weller v. Khalifa

Landlord wins · 2020-08-26

Adjudicator

Sachs J.

Dispute

Tenant Rights

Amount

<$5K

Landlord

A.W.

Tenant

B.K.

Landlord rep

Muhammad Zafar

Tenant rep

Viviane Kone

What happened

Tenant appealed a Landlord and Tenant Board decision that found there was no tenancy agreement between the parties and that the Residential Tenancies Act did not apply to their relationship. The tenant argued the Board made errors in interpreting 'rent', determining if there was a tenancy agreement, and finding a forbearance agreement.

The ruling

The Divisional Court dismissed the tenant's appeal, finding no errors of law in the Landlord and Tenant Board's decision. The court upheld the Board's findings that there was no tenancy agreement between the parties and that the Residential Tenancies Act did not apply to their relationship. The tenant was ordered to pay $2,500 in costs to the landlord.