Evictly

Wolf v. Manulife Investment Management

Landlord wins · 2023-04-17

Adjudicator
D.L. Corbett J.
Dispute
Tenant Rights
Amount
<$5K
Landlord
Manulife Investment Management, M.M.
Tenant
R.W., I.G.
Landlord rep
Kristin A Ley

What happened

Tenants appealed an LTB decision that dismissed their application alleging harassment by the landlord. The tenants claimed that the landlord's decision not to renew their fixed-term lease, allowing it to become a month-to-month tenancy, constituted harassment under the Residential Tenancies Act.

The ruling

The Divisional Court dismissed the tenants' appeal, affirming the LTB's decision. The court found that the landlord's decision not to renew the fixed-term lease was within their rights under the Residential Tenancies Act and did not constitute harassment. The resulting month-to-month tenancy provided the same protections to the tenants. The court also found that the LTB's refusal to hear evidence on the landlord's motivation was procedurally fair, as the tenants' argument had no legal foundation.