Equity Builders v. Petrella
Tenant wins · 2023-07-17
- Adjudicator
- Justice A. K. Mitchell
- Dispute
- Illegal Lockout
- Landlord
- Equity Builders Ltd.
- Tenant
- V.P., D.M., J.L., J.H., M.P., D.M., J.T., D.W., K.C., J.R., C.M., M.R., L.G., A.G., S.O., G.C.
- Landlord rep
- T. Duggan
- Tenant rep
- A. Rosenbluth, D. McCabe, A. Bolter
What happened
The Tenants applied to the Landlord and Tenant Board for an order requiring the Landlord to allow them access to and repossession of their residential units after being locked out following a fire in the building. The Landlord appealed the Board's interim order to restore possession to the Tenants. The Tenants brought a motion to quash the Landlord's appeal.
The ruling
The Divisional Court quashed the Landlord's appeal of the Landlord and Tenant Board's interim order, finding it was an abuse of process. The Board's order to restore possession of the rental units to the Tenants remains in effect. The Landlord retains the right to follow proper procedures under the Residential Tenancies Act to repossess the units for remediation and repair if necessary.