Westdale Properties v. Reisher

Tenant wins · 2023-02-07

Adjudicator

Leiper J.

Dispute

Breach of Conditions, Substantial Interference

Landlord

Westdale Construction Co. Limited c.o.b. as Westdale Properties

Tenant

J.R.

Landlord rep

Douglas J. Spiller

Tenant rep

Kyle Warwick

What happened

Landlord sought to quash Tenant's appeal of an LTB eviction order. The eviction was based on the Tenant's disruptive behavior that substantially interfered with other tenants' reasonable enjoyment. The Tenant appealed on grounds of errors in law regarding human rights accommodation, consideration of circumstances under s. 83 of the RTA, and procedural fairness.

The ruling

The Divisional Court dismissed the Landlord's motion to quash the Tenant's appeal of an LTB eviction order. The court found that the Tenant's grounds for appeal raised arguable questions of law regarding human rights accommodation, consideration of circumstances under s. 83 of the RTA, and procedural fairness. The statutory stay of eviction remains in place, and no security for costs was ordered.