Balaura v. Frankum

Landlord wins · 2019-09-24

Adjudicator

Favreau, J.

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

A.B.

Tenant

C.F.

Landlord rep

Jennifer Croswell

What happened

The Landlord and Tenant Board ordered the termination of tenancy for the landlord's personal use (for his son and family). The tenant appealed to the Divisional Court, which was dismissed for delay. The tenant then brought a motion to set aside the dismissal, while the landlord brought a motion to quash the appeal.

The ruling

The Divisional Court dismissed the tenant's motion to set aside the dismissal of his appeal. The court lifted the stay on the Landlord and Tenant Board's eviction order, directed the Sheriff to give immediate possession to the landlord (not before September 30, 2019), and ordered the tenant to pay $3,500 in costs to the landlord within 6 months.