Pelletier v Bloorston Farms Ltd.

Tenant wins · 2023-10-06

Adjudicator

Leiper, J.

Dispute

Termination of Tenancy

Amount

$5-10K

Landlord

Bloorston Farms Ltd.

Tenant

D.P.

Landlord rep

Timothy Duggan

Tenant rep

Samuel Mason

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to an agreement signed by Tenant to terminate the tenancy in exchange for a $6,000 payment. Tenant later contacted the landlord and said he did not want to give up his tenancy, but the landlord refused. Tenant brought a motion to set aside the eviction order, arguing duress, unconscionability, and misrepresentation by the landlord's agent.

The ruling

The Divisional Court allowed the appeal, set aside the orders of the Landlord and Tenant Board, and set aside the ex parte eviction order. The Court found the Board erred in law by failing to consider evidence of misrepresentation by the landlord's agent and the landlord's good faith under the Residential Tenancies Act.