Burton v. Simmons
Landlord wins · 2018-06-04
- Adjudicator
- Conway J.
- Dispute
- Tenant Rights
- Amount
- <$5K
- Landlord
- B.S.
- Tenant
- S.B.
- Landlord rep
- Ashley Gibson
- Tenant rep
- Lea Nebel, Stephen Gaudreau
What happened
Tenant appealed a Landlord and Tenant Board decision that found she was employed as a superintendent and ordered her to vacate the apartment under Section 93 of the Residential Tenancies Act. The tenant argued she was not a superintendent and that Section 93 did not apply.
The ruling
The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board decision. The court found no denial of natural justice or errors of law in the Board's ruling that the tenant was employed as a superintendent and could be evicted under Section 93 of the Residential Tenancies Act. The court ordered the tenant to pay $1,500 in costs to the landlord.