Marshall v. Brady
Landlord wins · 2022-04-06
- Adjudicator
- Matheson J.
- Dispute
- Personal Use
- Notice
- Personal use (N12)
- Amount
- <$5K
- Landlord
- K.B., C.B.
- Tenant
- L.M., P.M.
- Landlord rep
- Bruce MacDonald
- Tenant rep
- Derek Chou
What happened
Landlords applied to evict Tenants to allow Ms. Brady's mother to move into the property due to her declining health and need for assistance. The Landlord and Tenant Board granted the application. Tenants appealed the decision to the Divisional Court, challenging the Board's finding that the Landlords intended in good faith for the mother to occupy the rental unit.
The ruling
The Divisional Court dismissed the Tenants' appeal of the Landlord and Tenant Board decision terminating their tenancy. The Court found no question of law to give it jurisdiction under s. 210 of the Residential Tenancies Act. The stay of the LTB order was lifted immediately, but the Sheriff was ordered not to carry out the eviction before May 1, 2022. The Tenants were ordered to pay costs of $3,000 to the Landlords.