Hasselsjo v. Effort Trust
Tenant wins · 2019-02-08
- Adjudicator
- Kiteley J.
- Dispute
- Maintenance, Tenant Rights
- Notice
- Non-payment of rent (N4), Persistent late payment (N8), Tenant rights (T2)
- Landlord
- Effort Trust
- Tenant
- S.H.
- Landlord rep
- Mark Melchers
What happened
The Tenant appealed a Landlord and Tenant Board order terminating her tenancy due to alleged substantial interference with the Landlord's lawful rights and interests. The Divisional Court found the Board's decision unreasonable and set it aside.
The ruling
The Divisional Court allowed the Tenant's appeal and set aside the Landlord and Tenant Board's decision to terminate the tenancy. The Court found the Board's conclusion that the Tenant substantially interfered with the Landlord's rights was unreasonable and not supported by evidence.