Derek Chou

The landlord appealed a decision of the Landlord and Tenant Board declining to evict the tenants under s. 83(1) of the Residential Tenancies Act.

At the hearing, the landlord abandoned his original grounds of appeal and sought leave to argue a new ground, claiming the Board failed to consider unfairness to the landlord.

The Divisional Court denied leave to raise the new ground, noting the Board was deprived of the opportunity to address it.

In any event, the court found the new ground lacked merit, as the record demonstrated the Board had properly considered the circumstances of both the landlord and the tenants.

The appeal was dismissed.

The tenants appealed a Landlord and Tenant Board decision terminating their tenancy to allow the landlord's mother to move into the property.

The tenants challenged the Board's finding that the landlords required the unit in good faith for the mother's residential occupation.

The Divisional Court dismissed the appeal, holding that the finding of good faith and intended full-time occupancy were findings of fact, and the appeal raised no extricable question of law as required by s. 210 of the Residential Tenancies Act, 2006.