Delaram Mehdizadeh Jafari

The tenants appealed an order requiring them to pay $45,397.40 in rent arrears to the landlord.

They argued the Superior Court lacked jurisdiction and the matter should have been heard by the Landlord and Tenant Board, alleging the landlord artificially inflated the arrears by refusing rent to exceed the Board's monetary limit.

The Divisional Court dismissed the appeal, finding the application judge properly exercised jurisdiction under s. 207(2) of the Residential Tenancies Act, 2006, as the claim exceeded the Board's $35,000 limit, and there was no evidence the landlord improperly inflated the arrears.

The tenants appealed a Landlord and Tenant Board order terminating their tenancy and evicting them for smoking marijuana in their unit, which caused health issues for the landlords' children.

The tenants argued the notice of termination was invalid because it failed to specify the exact times they smoked, and that they were denied procedural fairness during the hearing.

The Divisional Court dismissed the appeal, finding that the Residential Tenancies Act requires grounds, not specific times, and that the notice provided sufficient detail.

The court also found no procedural unfairness in the Board's conduct of the hearing.

The tenant appealed a decision of the Landlord and Tenant Board dismissing her motion to void an eviction order under s. 74(11) of the Residential Tenancies Act.

The tenant argued that because she was on a month-to-month tenancy, s. 74(12), which limits a tenant to one such motion 'during the period of the tenant's tenancy agreement', reset every month.

The Divisional Court dismissed the appeal, holding that the tenant's interpretation would lead to an absurd result and render the statutory limitation meaningless, as a month-to-month tenancy is a continuation of the same tenancy agreement.

The appellant tenants appealed a Landlord and Tenant Board order terminating their tenancy for committing an illegal act, seriously impairing safety, and substantially interfering with reasonable enjoyment.

The Board found the tenant threatened a property manager with a machete, acted aggressively, and failed to pay utilities.

On appeal, the tenants argued the eviction provision for illegal acts without a criminal conviction was unconstitutional, but the Divisional Court dismissed this as it was not raised below and no constitutional notice was served.

The Court found no errors of law in the Board's evidentiary findings or its refusal to grant relief from eviction, and dismissed the appeal.