The tenant appealed a Landlord and Tenant Board order terminating his tenancy based on an N12 notice for the landlord's own use.
The tenant argued the Board erred by not requiring the landlord to use an N13 notice for renovations, and by applying a 'primary motivation' test that ignored a ten-month delay before the landlord would occupy the unit.
The Divisional Court dismissed the appeal, finding no error of law.
The court held that a landlord is not required to use the N13 process if they meet the requirements of section 48 of the Residential Tenancies Act, and the Board's finding of good faith was a factual determination outside the court's jurisdiction.
