Akelius Canada Ltd. v. Barrett

Landlord wins · Toronto · 2018-11-27

Adjudicator

Platana J.

Dispute

Termination Of Superintendent'S Tenancy

Landlord

Akelius Canada Ltd.

Tenant

K.B.

Landlord rep

Nicholas Sampson

Tenant rep

Caryma Sa'd, Robert McNeillie

What happened

Landlord sought to evict Tenant, a former superintendent, after terminating his employment. Tenant appealed the Landlord and Tenant Board's order terminating his tenancy under s. 93 of the Residential Tenancies Act, which allows for summary termination of superintendent tenancies.

The ruling

The Divisional Court dismissed the Tenant's appeal of the Landlord and Tenant Board's decision terminating his tenancy as a former superintendent. The court found no errors of law in the Board's interpretation of the employment contract or application of s. 93 of the Residential Tenancies Act.