Pelletier v. Bloorston Farms Ltd.

Tenant wins · 2023-10-06

Adjudicator

Leiper, J.

Dispute

Agreement To Terminate Tenancy, Eviction

Landlord

Bloorston Farms Ltd.

Tenant

D.P.

Landlord rep

Timothy Duggan

Tenant rep

Samuel Mason

What happened

Tenant appealed Landlord and Tenant Board orders denying his motion to set aside an eviction order and denying his request to review that decision. The eviction order was based on an agreement the tenant signed to terminate his tenancy in exchange for $6,000, which he later contested. The tenant argued the agreement was signed under duress, was unconscionable, and based on misrepresentations by the landlord's agent.

The ruling

The Divisional Court allowed the tenant's appeal and set aside the Landlord and Tenant Board's orders that refused to set aside the eviction order. The court found that the Board erred in law by failing to consider evidence of misrepresentation and not fulfilling its statutory duties under the Residential Tenancies Act.