Linhares v. Rahman

Landlord wins · 2023-03-02

Adjudicator

Nishikawa J.

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

N.R.

Tenant

F.L.

Landlord rep

Kent Wakely

What happened

Tenant appealed an LTB decision that terminated the tenancy and ordered eviction based on the landlord's claim of requiring the unit for personal use. The Divisional Court quashed the appeal, finding no question of law was raised.

The ruling

The Divisional Court quashed the tenant's appeal of the LTB decision, finding that no question of law was raised. The court upheld the LTB's order terminating the tenancy and evicting the tenant. The automatic stay of the LTB's order was lifted, effective March 17, 2023, to allow the tenant time to vacate the premises.