Pinto v. Regan and White v. Regan

Tenant wins · 2021-08-16

Adjudicator

Emery J.

Dispute

Renovation, Major Repairs, Tenant Rights

Landlord

M.R.

Tenant

H.P., J.W.

Landlord rep

David Williams

Tenant rep

Lesli Bisgould, Jayson Swain, Anna Rosenbluth

What happened

The landlord obtained eviction orders against two tenants based on N11 agreements to terminate tenancy. The tenants appealed the Landlord and Tenant Board's dismissal of their motions to set aside the eviction orders, arguing the landlord misled them about their rights when getting them to sign the N11 forms.

The ruling

The Divisional Court allowed the appeals, set aside the LTB orders dismissing the tenants' motions, and ordered new hearings before a different LTB Member to reconsider setting aside the eviction orders. The court found the LTB Member made errors of law by not properly applying the statutory test and failing to consider all relevant circumstances.