Robinson v. Bergeron

Split/Other wins · Renfrew · 2021-04-26

Adjudicator

Patrick Hurley

Dispute

Breach of Conditions, Eviction

Landlord

D.R.

Tenant

A.B., D.P.

Landlord rep

Aaron King

Tenant rep

Ryan Deacon, Kaitlin Brennan

What happened

Landlord sought to evict Tenants and claim damages for breach of agreement of purchase and sale. Tenant Bergeron argued the Landlord and Tenant Board had exclusive jurisdiction over the dispute under the Residential Tenancies Act.

The ruling

The court found that a landlord-tenant relationship exists between the parties, despite the agreement of purchase and sale. The landlord must comply with the Residential Tenancies Act to terminate the tenancy and obtain possession. The court allowed the application to proceed on issues of breach of contract and damages, which are outside the Landlord and Tenant Board's jurisdiction.