The landlord appealed a decision denying her application to terminate a residential tenancy for her own use and the use of her children.
The initial application was denied because possession was sought for her children, not herself.
A subsequent application was denied on the basis of res judicata.
The Divisional Court allowed the appeal, finding res judicata inapplicable or subject to discretion, and incorporated the parties' Minutes of Settlement into the court order.
