Seguin v. Whinfield

Landlord wins · 2019-06-24

Adjudicator

R. Smith

Dispute

Personal Use

Notice

Personal use (N12)

Amount

<$5K

Landlord

T.W.

Tenant

D.S.

Landlord rep

Alexandra Nantel-Soucy

What happened

The landlord gave notice to terminate the tenancy for personal use, as she required the unit for her eldest son. The Landlord and Tenant Board ordered the tenant to vacate. The tenant appealed to the Divisional Court, which the landlord moved to quash as being without merit and an abuse of process.

The ruling

The court quashed the tenant's appeal of the Landlord and Tenant Board's eviction order, finding it to be without merit and an abuse of process. The stay of eviction was lifted, and the tenant was ordered to vacate by June 30, 2019, with enforcement authorized from July 1, 2019. The tenant was also ordered to pay $3,655.61 in legal costs to the landlord.