Bory v. Bory

Tenant wins · Toronto · 2016-04-28

Adjudicator

H. Sachs J.

Dispute

Personal Use

Landlord

S.B.

Tenant

Y.B.

Landlord rep

David Strashin

Tenant rep

Patrick Di Monte

What happened

The Landlord sought to terminate the Tenant's lifetime tenancy agreement to allow his daughter to occupy the basement unit. The Landlord and Tenant Board granted the termination, finding the lifetime provision unenforceable. The Tenant appealed to the Divisional Court.

The ruling

The Divisional Court allowed the Tenant's appeal, finding that the Landlord and Tenant Board erred in law by concluding the lifetime tenancy provision was unenforceable. The court ruled that lifetime residential tenancies are not prohibited by the Residential Tenancies Act.