Carr v. Brown; Henry v. Brown

Tenant wins · 55 Dovehouse Avenue · 2022-07-27

Adjudicator

Davies J.

Dispute

Personal Use

Landlord

C.B.

Tenant

A.C., D.H.

Landlord rep

Spencer Toole

Tenant rep

Amir Abbasi

What happened

The landlord served notices to terminate the tenancies of two tenants, Andre Carr and Dexter Henry, claiming his son wanted to move into their units. The Landlord and Tenant Board terminated both tenancies. The tenants appealed to the Divisional Court, arguing the Board hearings were procedurally unfair.

The ruling

The Divisional Court allowed the appeals, set aside the Landlord and Tenant Board's decisions, and ordered new hearings before a different Board member due to procedural unfairness in the original hearings.