The appellant appealed a Landlord and Tenant Board decision ordering her eviction.
She argued that she was a 'tenant' under s. 2(1) of the Residential Tenancies Act at the time the property was converted to a condominium in 2011, either by living with her parents and paying rent, or by being an 'heir' to her living parents.
The Divisional Court dismissed the appeal, finding that the first issue was a question of mixed fact and law not subject to appeal.
On the second issue, the court held that the phrase 'tenant's heirs' in s. 2(1) does not include children of a living tenant, noting that the legislature specifically provided protections for spouses of deceased tenants but not children.
The eviction order was upheld.
