Loc Le v. O'Grady

Tenant wins · 2018-10-26

Adjudicator

F. N. Marrocco, A.C.J.S.C.

Dispute

Personal Use, Rent Increase

Notice

Personal use (N12)

Landlord

S.L.L.

Tenant

A.O., D.H.

Landlord rep

Matthew P. Maurer

Tenant rep

Alex Valova

What happened

The Landlord appealed the Landlord and Tenant Board's decision to dismiss his application to terminate the tenancy for personal use. The Board had found that the Landlord's real reason for seeking termination was that the Tenants refused an illegal rent increase, which constituted an attempt by the Tenants to enforce their legal rights under s. 83(3)(c) of the Residential Tenancies Act.

The ruling

The Divisional Court dismissed the Landlord's appeal, upholding the Landlord and Tenant Board's decision to dismiss the Landlord's application for eviction. The Court found that the Board correctly applied s. 83(3)(c) of the Residential Tenancies Act in determining that the real reason for the eviction application was the Tenants' refusal of an illegal rent increase, which constituted an attempt to enforce their legal rights.