Zarei v. Afsharian

Tenant wins · 2023-09-26

Adjudicator

D.L. Corbett J.

Dispute

Bad Faith Eviction

Notice

Personal use (N12)

Landlord

A.Z., S.A.

Tenant

B.A., M.R.

What happened

Tenants filed an application with the LTB claiming that Landlords misused the process of terminating their tenancy for personal use. The LTB ruled in favor of the Tenants, awarding them compensation. Landlords appealed the LTB decision to the Divisional Court, claiming they did not receive notice of the original LTB hearing.

The ruling

The Divisional Court dismissed the Landlords' appeal of the LTB decision. The court found no error in the LTB's conclusion that notice was given to the Landlords, and that the LTB's finding was not subject to appeal. The court also noted that the Landlords' use of a personal use claim to terminate the tenancy for resale purposes was improper.