Gykan Enterprises Inc. v. Pourshian

Tenant wins · 2023-07-06

Adjudicator

O'Brien J.

Dispute

Illegal Eviction, Jurisdiction

Landlord

Gykan Enterprises Inc.

Tenant

D.P.

Landlord rep

G. Govedaris

Tenant rep

K. Andrews

What happened

Landlord appealed LTB decision that found the tenancy was residential. Landlord had locked Tenant out claiming the lease was commercial. Tenant applied to LTB to determine if Residential Tenancies Act applied and to address illegal lockout.

The ruling

The Divisional Court dismissed the landlord's appeal of the LTB decision that found the tenancy was residential. The court found no errors of law in the LTB's decision and affirmed that the LTB had jurisdiction to make the determination even after the landlord had locked out the tenant. The court ordered the landlord to pay $2,000 in costs to the tenant.