Weston on the Humber v. Kelly

Split/Other wins · 2016-01-14

Adjudicator

J. Wilson J.

Dispute

Tenant-initiated Termination

Landlord

W.O.T.H.

Tenant

D.K.

Landlord rep

Ryan Wozniak

Tenant rep

Mathew Tubie

What happened

Landlord sought to quash tenant's appeal of LTB decision or stay the LTB order terminating tenancy. Tenant argued he was not a tenant but a purchaser with interim occupancy since 2007. The court declined to quash the appeal but ordered the tenant to provide proof of financing to purchase the unit or vacate.

The ruling

The court declined to quash the tenant's appeal of the LTB eviction order, finding an arguable question of law regarding the tenant's status. The tenant was given until January 20, 2016 to provide proof of financing to purchase the unit for $207,000, or the stay on the eviction order would be lifted.