Gatien/Brown v. Bombaci

Landlord wins · 2019-04-29

Adjudicator

Swinton, J.

Dispute

Damage to Property, Eviction

Notice

Damage to rental unit (N5)

Landlord

J.B., P.B.

Tenant

A.G., R.B.

Landlord rep

Michael K.E. Thiele

Tenant rep

William A. Florence

What happened

Landlords sought to terminate tenancy and evict Tenants due to willful or negligent damage to the rental property. Tenants appealed the Landlord and Tenant Board's order terminating their tenancy and ordering eviction, arguing that the N5 notice form was defective and the Board lacked jurisdiction.

The ruling

The Divisional Court dismissed the tenants' appeal, finding that the Landlord and Tenant Board's decision was reasonable. The court lifted the stay of the Board's eviction order and directed the Sheriff to proceed with enforcement of the eviction order upon providing notice to the tenants to vacate.