Fernandes v. Golle

Landlord wins · 2021-12-17

Adjudicator

Sachs J.

Dispute

Tenant-initiated Termination

Amount

$5-10K

Landlord

B.F., S.A.

Tenant

H.G., L.G.

Landlord rep

Amandeep Sidhu

Tenant rep

Spencer F. Toole

What happened

Tenants appealed a Landlord and Tenant Board order terminating their tenancy. They sought to set aside a consent order, claiming the Landlords misrepresented that they could purchase the property if they agreed to the order.

The ruling

The Divisional Court dismissed the Tenants' appeal of the Landlord and Tenant Board's order terminating their tenancy due to lack of jurisdiction. The court determined that the appeal raised a question of mixed fact and law, which falls outside its jurisdiction under the Residential Tenancies Act. The Landlords were awarded $9,000 in costs.