Bhasin v. Gill

Tenant wins · 2019-10-31

Adjudicator

Heeney J.

Dispute

Tenant-initiated Termination

Landlord

K.G., P.G.

Tenant

B.B., S.B.

Landlord rep

Amandeep Sidhu, Shaun Singh

Tenant rep

Jora Kuner

What happened

Tenants appealed a Landlord and Tenant Board order terminating their tenancy based on an N11 agreement. Tenants argued there was a verbal side agreement allowing them to stay until the house was sold, which the Board did not properly consider.

The ruling

The Superior Court of Justice allowed the tenants' appeal of the Landlord and Tenant Board's decision terminating their tenancy. The court found the Board erred in law by not properly considering the alleged verbal side agreement or explaining why the N11 agreement was binding despite it. The case was remitted back to the Board for a new hearing before a different Member.