Salim v. Singh

Tenant wins · Milton · 2024-05-03

Adjudicator

Mandhane J.

Dispute

Arbitrary Or Unreasonable Refusal Of Assignment

Landlord

S.S.

Tenant

G.S., A.D.

Landlord rep

RODGERS, ZACHARY

Tenant rep

BATRA, MUKTA

What happened

Landlord refused to assign the tenancy to potential assignees (a couple with three children) due to the size of the family, which the Tenants argued was discriminatory under the Ontario Human Rights Code. The Tenants vacated the rental unit without paying the last two months' rent, and the Landlord filed an application to collect the unpaid rent.

The ruling

The Divisional Court found that the LTB erred in law by failing to consider the Ontario Human Rights Code when interpreting whether the Landlord's refusal to assign the tenancy was "arbitrary or unreasonable" under section 95(5) of the Residential Tenancies Act, 2006. The Court articulated the proper legal test for assessing discrimination in the context of section 95(5) and remitted the matter back to the LTB for a re-hearing.