2276761 Ontario Inc. v. Overall

Landlord wins · 2018-05-24

Adjudicator

Harper J.

Dispute

Eviction, Tenant Rights

Notice

Non-payment of rent (N4)

Landlord

2276761 Ontario Inc.

Tenant

B.O., P.O.

Landlord rep

Kristin Ley

Tenant rep

Philip B. Cornish, Jamie Hildebrand

What happened

The landlord sought to evict the tenants for keeping an excessive number of unvaccinated cats, which the landlord claimed seriously impaired the safety of others in the mobile home park. The Landlord and Tenant Board granted the eviction, which the tenants appealed to the Divisional Court.

The ruling

The Divisional Court dismissed the tenants' appeal of the Landlord and Tenant Board's decision to evict them for keeping an excessive number of unvaccinated cats. The majority found no error of law in the Board's decision, while the dissenting judge would have allowed the appeal due to procedural and evidentiary issues.