Maynard v. Kerr

Landlord wins · 2022-07-21

Adjudicator

Madam Justice Robyn M. Ryan Bell

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

S.K.

Tenant

S.M.

Landlord rep

Mr. Clermont

What happened

The landlord applied to terminate the tenancy and evict the tenant for personal use of the rental unit. The Landlord and Tenant Board granted the eviction. The tenant appealed to the Divisional Court. The landlord moved to quash the appeal and lift the stay of eviction.

The ruling

The Divisional Court quashed the tenant's appeal of the Landlord and Tenant Board's eviction order and lifted the stay of eviction. The court found that none of the tenant's grounds of appeal raised a question of law as required by the Residential Tenancies Act, making the appeal manifestly devoid of merit.