2295477 Ontario Inc. v. Cromwell

Tenant wins · 2017-05-16

Adjudicator

Kiteley J.

Dispute

Unauthorized Occupancy

Landlord

2295477 Ontario Inc. c/o Realstar Management Partnership

Tenant

L.C., D.L.

Landlord rep

Martin P. Zarnett

Tenant rep

Emily Hill

What happened

The landlord alleged that the tenant illegally transferred possession of the rental unit to his sister (the occupant) without authorization. The Landlord and Tenant Board ruled in favor of the landlord, terminating the tenancy and ordering the occupant to vacate. The tenant and occupant appealed this decision to the Divisional Court.

The ruling

The Divisional Court allowed the appeal, set aside the Landlord and Tenant Board's order, and dismissed the landlord's application. The Court found that the Board erred in its legal interpretation of transfer of occupancy and that the evidence did not support the landlord's claim.