Okoye v. De Melo

Landlord wins · 2021-09-27

Adjudicator

Sachs J.

Dispute

Personal Use

Notice

Personal use (N12)

Landlord

G.D.M.

Tenant

C.O., J.I.

Landlord rep

David S. Strashin

Tenant rep

Matthew Helfand

What happened

The landlord filed an application to terminate the tenancy because she required the unit for her sons' use. The tenants appealed the LTB's decision to grant the eviction, arguing that the Member misapplied the legal test and denied them procedural fairness.

The ruling

The Divisional Court dismissed the tenants' appeal of the LTB decision granting the landlord's application for eviction for personal use. The court found no error of law in the LTB's application of s. 83(3)(c) of the RTA and no breach of procedural fairness.