Leaf v. Gonzalez

Landlord wins · 2023-06-30

Adjudicator

Schabas J.

Dispute

Illegal Act, Substantial Interference

Notice

Non-payment of rent (N7)

Amount

<$5K

Landlord

G.G., P.S.

Tenant

M.L., V.C.

Landlord rep

Spencer F. Toole

Tenant rep

Delaram Mehdizadeh Jafari

What happened

Tenants appealed a Landlord and Tenant Board order terminating their tenancy and evicting them due to smoking marijuana in the rental unit, which affected the health of the Landlords' children. The Tenants argued that the notice of termination was invalid and that they were barred from providing evidence at the hearing.

The ruling

The Divisional Court dismissed the Tenants' appeal of the Landlord and Tenant Board's decision to terminate their tenancy and evict them. The court found that the appeal did not raise questions of law alone, which are required for appeals from the Board. The court upheld the Board's decision that the notice of termination was valid and that there was no procedural unfairness to the Tenants.