Albert v. Century 21 John Devries Ltd.

Tenant wins · 2019-10-29

Adjudicator

Paul Kane

Dispute

Maintenance, Substantial Interference

Landlord

Century 21 John Devries Ltd.

Tenant

C.A., P.A.

Landlord rep

S.D. Lyman

What happened

The Landlord sought to terminate the tenancy and evict the Tenants, alleging they denied lawful entry on three occasions. The Tenants appealed the LTB's Termination and Eviction Decision and subsequent Review Decision to the Divisional Court, arguing they were denied a fair hearing and that the LTB failed to consider all relevant circumstances, including the Landlord's failure to repair water leakage issues.

The ruling

The Divisional Court dismissed the Landlord's motion to quash the Tenants' appeal of the LTB's Termination and Eviction Decision and Review Decision. The court found that the appeal raised valid questions of law regarding the LTB's failure to consider all relevant circumstances and denial of a fair hearing. The stay of eviction was extended conditionally, requiring Tenants to pay rent arrears by December 31, 2019. The Landlord was ordered to provide notice of planned repairs for the water leakage issue by November 30, 2019.