Di Nunzio v. Lobo

Landlord wins · 2018-01-26

Adjudicator

Myers J.

Dispute

Personal Use, Retaliation

Landlord

F.D.N.

Tenant

L.L.

What happened

Tenant appealed an LTB decision allowing eviction for landlord's personal use. Tenant claimed the eviction was retaliatory and the landlord's intention was not genuine. The Divisional Court dismissed the tenant's motion for an extension of time to perfect his appeal, as the issues raised were findings of fact, which cannot be appealed to this court.

The ruling

The Divisional Court dismissed the tenant's motion for an extension of time to perfect his appeal. The court found that the issues raised by the tenant were findings of fact, which cannot be appealed to this court under s. 210 of the Residential Tenancies Act, 2006. The court can only hear appeals on errors of law, and no such errors were identified in this case.