Sharma v. Sandhu

Landlord wins · 2020-10-28

Adjudicator

R.D. Gordon

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

M.K.S.

Tenant

A.S., N.S.

What happened

Tenants appealed LTB's dismissal of their s. 57 application alleging bad faith eviction by the landlord. The LTB dismissed the application as it was filed more than one year after tenants vacated the unit, exceeding the limitation period.

The ruling

The Divisional Court dismissed the tenants' appeal of the LTB's decision. The court upheld that the tenants' application under s. 57 of the RTA was filed outside the one-year limitation period, which begins from the date the tenants vacated the unit. The court ruled that the limitation period in the RTA prevails over the Limitations Act, 2002, and that the principle of discoverability does not apply in this case.