Zolynsky v. North Shore Farming Company Limited

Landlord wins · 2016-04-27

Adjudicator

Justice H. A. Rady

Dispute

Non-payment of Rent

Landlord

North Shore Farming Company Limited

Tenant

K.B.Z.

Landlord rep

Trevor Pellerine

Tenant rep

James Morgan

What happened

Tenant appealed an LTB order terminating her tenancy and ordering her to pay rent arrears. The landlord sought to quash the appeal for lack of jurisdiction. The main dispute was over the agreed monthly rent amount, with the tenant claiming it was $500 and the landlord claiming $1000.

The ruling

The court quashed the tenant's appeal of the LTB order, finding that the LTB member's decision on the rent amount was a finding of fact, not a question of law, and therefore not appealable under the Residential Tenancies Act.