Elguindy v. Destaron Property Management et. al.

Tenant wins · 2016-06-03

Adjudicator

R. D. Gordon

Dispute

Tenant Rights

Landlord

Destaron Property Management

Tenant

E.E.

What happened

Tenant applied to the Landlord and Tenant Board for rent abatement, claiming the Landlord substantially interfered with his reasonable enjoyment of the rental unit. The LTB dismissed the application, ruling that the Tenant did not qualify as a tenant and therefore the Board lacked jurisdiction. The Tenant appealed this decision to the Divisional Court.

The ruling

The Divisional Court allowed the appeal and ordered the matter to be remitted back to the Landlord and Tenant Board for a new hearing on the issue of tenancy before a different member of the Board. The Court found that the LTB erred in law by failing to recognize evidence of an implied tenancy agreement and by not considering relevant case law on the liberal interpretation of residential tenancy legislation.