Zhou v. Cherishome Living

Landlord wins · 2020-01-24

Adjudicator

Michael G. Quigley J.

Dispute

Maintenance

Landlord

C.L., Elm Place Inc., D.E.

Tenant

M.Z., J.W.

Landlord rep

Martin Zarnett

What happened

Tenants appealed two Landlord and Tenant Board decisions dismissing their applications against the Landlord. The Tenants had filed applications alleging the Landlord's failure to comply with maintenance obligations constituted substantial interference with reasonable enjoyment. The Board dismissed the applications for being filed on the wrong form (T2 instead of T6).

The ruling

The Divisional Court dismissed the Tenants' appeal of the Landlord and Tenant Board decisions. The court found that the Board's decisions were questions of mixed fact and law, not appealable under s.210 of the RTA. The court also found no denial of procedural fairness to the Tenants.