Abraham J. Green (225 Davisville Ave Ltd.) v. Kumar

Landlord wins · 2018-09-11

Adjudicator

Marrocco A.C.J.S.C.J.

Dispute

Tenant-initiated Termination

Landlord

Abraham J. Green (225 Davisville Ave Ltd.)

Tenant

K.K., G.M.

Landlord rep

Timothy Duggan

Tenant rep

Joshua Concessao

What happened

Tenant Kapil Kumar appealed two Landlord and Tenant Board orders: a consent order terminating his occupancy and a review order dismissing his request for reconsideration. Kumar argued he was unaware of his rights as a surviving spouse of the deceased tenant when he agreed to the consent order.

The ruling

The Divisional Court dismissed Kumar's appeal, finding that the Landlord and Tenant Board made no error of law in upholding the consent order terminating Kumar's tenancy. The court ruled that even if Kumar was a surviving spouse, he was entitled to consent to termination under the Residential Tenancies Act.