Grewal and Eilers v. Nukkala

Tenant wins · 2023-10-12

Adjudicator

Paul B. Schabas

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

A.N.

Tenant

D.G., R.E.

What happened

Landlord sought eviction of Tenants from an apartment they had occupied since 2015, claiming she intended to live in the unit for at least one year. The LTB accepted the Landlord's position and ordered the eviction. Tenants appealed the LTB decision to the Divisional Court.

The ruling

The Divisional Court allowed the appeal, finding that the LTB erred in law by incorrectly stating the burden of proof and providing inadequate reasons. The court remitted the matter back to the LTB for a new hearing before a different Member.