Lily Land Limited v Bipta

Tenant wins · Toronto · 2025-08-29

Adjudicator

Dawn Carr

Dispute

Unauthorized Occupancy

Landlord

Lily Land Limited

Tenant

I.B.

Landlord rep

David Ciobotaru, Sheldon Switzer

Tenant rep

Joseph Maziarz

What happened

The Landlord applied for an order to terminate the tenancy and evict an individual they claimed was an unauthorized occupant. The Landlord alleged the Tenant had transferred occupancy without consent. The individual in question produced a 1994 lease naming her as a tenant, leading the Board to determine she was a lawful tenant rather than an unauthorized occupant.

The ruling

The application to terminate the tenancy and evict the occupant was dismissed. The Board found that the individual the Landlord identified as an unauthorized occupant was actually a lawful tenant under a lease agreement dating back to 1994.