Elguindy v. Destaron Property Management

Landlord wins · 2016-10-14

Adjudicator

M. Dambrot J.

Dispute

Substantial Interference, Tenant Rights

Landlord

Destaron Property Management

Tenant

E.E., I.E., A.E.

What happened

Tenants applied to the Landlord and Tenant Board for an order determining that the landlord or its agents harassed, obstructed, coerced, threatened, or interfered with them and substantially interfered with their reasonable enjoyment of the rental unit or residential complex. The LTB member found that the appellants were not tenants, and even if they were, they were not harassed. The tenants appealed to the Divisional Court, arguing that the LTB member erred in law in concluding they were not tenants.

The ruling

The Divisional Court dismissed the appeal. Even if the LTB member erred in concluding the appellants were not tenants, there was no error of law in dismissing the application because the appellants did not argue against the LTB's finding of no harassment.