Buckingham v. Branigan

Tenant wins · 2017-10-05

Adjudicator

N. Spies J.

Dispute

Eviction, Maintenance, Non-payment of Rent

Landlord

J.B., D.M.

Tenant

M.B.

Landlord rep

G. Falletta

What happened

Tenant appeals LTB eviction order for non-payment of rent. Tenant claims LTB failed to consider previous order for rent abatement and denied opportunity to participate in hearing. Appeal allowed and matter referred back to LTB for rehearing.

The ruling

The Divisional Court allowed the tenant's appeal of the LTB eviction order. The court found that the LTB failed to consider a previous order for rent abatement, which was a reversible legal error. The matter is referred back to the LTB for a rehearing, to be held concurrently with a new landlord's application for eviction.