Musse v. 6965083 Canada Inc.

Tenant wins · 2021-02-12

Adjudicator

C. Boswell J.

Dispute

Illegal Act, Substantial Interference

Landlord

6965083 Canada Inc.

Tenant

H.M.

Landlord rep

Martin Zarnett

Tenant rep

Anna Rosenbluth, Kyle Warwick

What happened

The landlord served the tenant with two notices of termination, citing illegal act (assault by spitting) and seriously impairing safety of others. The Landlord and Tenant Board ordered termination of tenancy and eviction. The tenant appealed to the Divisional Court.

The ruling

The Divisional Court allowed the tenant's appeal and set aside the eviction order. The court found that the Landlord and Tenant Board made several legal errors in its decision, including misapplying the tests under sections 61(1) and 66(1) of the Residential Tenancies Act, and failing to consider all relevant circumstances as required by section 83. The court rescinded the Board's order and dismissed the landlord's applications for eviction.