Stefanizzi v. Jameus et al.

Landlord wins · Sault Ste. Marie · 2016-01-18

Adjudicator

Marrocco A.C.J.S.C.

Dispute

Maintenance, Substantial Interference

Landlord

J.S., L.S.

Tenant

A.J., B.C.

What happened

Tenants applied to the Landlord and Tenant Board claiming the landlords failed to meet maintenance obligations, failed to comply with health and safety standards, and harassed and interfered with their reasonable enjoyment. Landlords argued the Board lacked jurisdiction due to an Option to Purchase Agreement giving tenants a property interest. The Board ruled it had jurisdiction, which the landlords appealed to the Divisional Court.

The ruling

The Divisional Court allowed the landlords' appeal, set aside the Landlord and Tenant Board's denial of review, and ordered the Board to reconsider the request for review after considering the court's reasons. The court found that the Board erred in law by not examining the specific circumstances of this case to determine if a landlord-tenant relationship existed.