The landlord appealed a decision of the Landlord and Tenant Board dismissing his application to terminate a tenancy for personal use under s. 48(1) of the Residential Tenancies Act, 2006.
The landlord argued the LTB erred in law by considering the availability of other units when assessing his good faith intention.
The Divisional Court dismissed the appeal, finding that while motives are largely irrelevant to the genuine intent to reside, the LTB may consider a landlord's conduct and motives to draw inferences about good faith.
The LTB's finding that the landlord lacked good faith was a finding of mixed fact and law, which is not subject to appeal under s. 210.
