The appellant estate trustee appealed a Landlord and Tenant Board (LTB) decision dismissing an application to terminate a tenancy for the purpose of demolishing the rental unit under s. 50(1)(a) of the Residential Tenancies Act.
The LTB found the landlord lacked a genuine, crystallized intention to demolish the unit, as the landlord remained willing to sell the property with the house intact.
The Divisional Court dismissed the appeal, holding that the LTB reasonably interpreted s. 50(1)(a) as containing an implied good faith requirement for a genuine intention to demolish, and that the LTB's factual findings were supported by the evidence.
