Abara v. Hall and Lee

Split/Other wins · 2022-12-16

Adjudicator

Sutherland J.

Dispute

Compensation, Termination of Tenancy

Landlord

E.A.

Tenant

C.F.H., J.G.L.

Landlord rep

Uko Abara

Tenant rep

Nelson Wan

What happened

The landlord appealed a decision of the Landlord and Tenant Board (LTB) that terminated the tenancy as of September 15, 2021 but did not award compensation. The landlord argued there were errors in law regarding the LTB's jurisdiction to award compensation and in determining the termination date, as well as a breach of procedural fairness.

The ruling

The Divisional Court allowed the appeal in part, setting aside the LTB's determination that the termination date was September 15, 2021. The court found a breach of procedural fairness in not allowing the landlord to make submissions on the termination date. However, the court dismissed the appeal regarding the LTB's jurisdiction to award compensation under an L3 application and found no reasonable apprehension of bias.