The appellant landlord appealed a Landlord and Tenant Board (LTB) order that found the tenant’s use of parking spot 69 was an implied term of the lease and denied the landlord’s application to terminate the tenancy.
The Superior Court upheld the LTB’s decision, finding that the Residential Tenancies Act (RTA) allows for implied terms and that the LTB properly considered the pattern of conduct and statutory context.
The landlord’s argument that the lease allowed for unilateral reallocation of parking was rejected.
The appeal was dismissed.
