The appellant tenants appealed decisions of the Landlord and Tenant Board dismissing their motions to set aside eviction orders.
The landlord had obtained the eviction orders ex parte after the tenants signed agreements to terminate their tenancies (N11 forms) under pressure, having been told they had to vacate for renovations without being informed of their statutory rights.
The Divisional Court allowed the appeals, finding the Board Member erred in law by failing to apply the proper test under s. 77(8)(b) of the Residential Tenancies Act, failing to consider all the circumstances, and failing to assess the real substance of the transactions and the landlord's good faith under s. 202.
The eviction orders were set aside and new hearings were ordered.
