Gallagher v Cloutier

Tenant wins · Blenheim · 2022-11-09

Adjudicator

Camille Tancioco

Dispute

Personal use

Notice

Personal use (N12)

Landlord

B.G.

Tenant

C.C.

Landlord rep

K. Cronk

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant, claiming good faith requirement of the rental unit for personal use. The original application was denied, and the Landlord requested a review of the order. The review hearing focused on whether the Member failed to consider the legal test for 'good faith' and whether the Member unreasonably exercised discretion under section 83 of the Residential Tenancies Act, 2006.

The ruling

The Landlord's request to review the original order (LTB-L-004736-22) issued on August 17, 2022, is denied. The original order is confirmed and remains unchanged. The interim order issued on September 9, 2022, is cancelled.