Haifa v Barna
Tenant wins · Leamington · 2025-11-20
- Adjudicator
- Trish Carson
- Dispute
- Superintendent Premises, Termination of Tenancy
- Landlord
- M.H.
- Tenant
- P.B.
- Landlord rep
- Mark Sarkis Gebriel
- Tenant rep
- Justin Levesque
What happened
The Landlord applied to terminate the tenancy and evict the Tenant on the grounds that the rental unit was a superintendent's premises and the Tenant's employment had ended. The Tenant contended that he was a regular residential tenant who moved in in 1981 and that any maintenance work he performed was done voluntarily and on his own initiative for his own enjoyment of the property, rather than as a condition of employment.
The ruling
The Landlord's application to evict the Tenant based on the end of superintendent employment was dismissed. The Board found the Landlord provided insufficient evidence that the Tenant was ever formally employed as a superintendent or that the unit was designated as such. The Tenant remains a residential tenant.