Fisher v. Michel

Landlord wins · 2022-11-28

Adjudicator

LeMay J.

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

M.M.

Tenant

M.F.

Landlord rep

Tyler Nivins

What happened

The landlord applied to terminate the tenancy and evict the tenant for personal use of the rental unit. The tenant appealed the Landlord and Tenant Board's decision granting the landlord's application to the Divisional Court.

The ruling

The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's decision terminating the tenancy for the landlord's personal use. The court found no reviewable error of law in the Board's decision and confirmed that the test for good faith in personal use applications is whether the landlord has a genuine intention to occupy the unit, not whether their decision is reasonable.