Banks v. Azman

Landlord wins · 1285 Haig Blvd · 2019-05-01

Adjudicator

R.D. Gordon

Dispute

Personal Use

Amount

<$5K

Landlord

P.A.

Tenant

W.B.

Landlord rep

Gibrian A. Malicki-Sanchez

Tenant rep

John Richardson

What happened

Tenant appealed a Landlord and Tenant Board decision that ruled the parties were governed by the Residential Tenancies Act and that the Landlord was entitled to possession of the premises for his own residential occupation. The Tenant claimed there was an agreement to purchase the property, while the Landlord sought possession for personal use.

The ruling

The Divisional Court dismissed the Tenant's appeal of the Landlord and Tenant Board decision. The court found that the Board had jurisdiction to determine if the Residential Tenancies Act applied, and its decision was reasonable based on the evidence. The court ordered the Tenant to vacate the premises by June 30, 2019, and pay $3,500 in appeal costs to the Landlord.