The 90-year-old appellant tenant appealed a Landlord and Tenant Board order terminating his 18-year tenancy for the landlords' own use.
The landlords sought possession so one of them could move in to care for his 94-year-old father.
The tenant argued the eviction was a reprisal for a bed bug complaint and raised issues regarding the notice of termination, relief from eviction, and procedural fairness.
The Divisional Court dismissed the appeal, finding the notice issue was a question of mixed fact and law outside its jurisdiction, the LTB member properly exercised discretion under section 83 of the Residential Tenancies Act to delay eviction, and there was no evidence of procedural unfairness.
