Court of Appeal for Ontario

Date: 2018-11-19 Docket: C65454

Judges: Lauwers, Hourigan and Pardu JJ.A.

Between

Aikhon Beahon (Plaintiff) Appellant

and

Hal Steinfeld and S. Grabish (Defendants) Respondents

Counsel

Aikhon Beahon, in person

Vedran Simkic, for the respondent, Hal Steinfeld

Heard: November 9, 2018

On appeal from: the judgment of Justice Akbarali of the Superior Court of Justice, dated March 2, 2017.

Reasons for Decision

[1] The appellant argues that he was a tenant entitled to full protections under the Residential Tenancies Act, 2006, S.O. 2006, c. 17.

[2] This would render illegal the respondent's changing of the locks on the unit and the disposal of the appellant's belongings that were left by him in the apartment.

[3] The motion judge decided that Mr. Beahon was not a tenant. In doing so, she reached the same conclusion as the Landlord and Tenant Board, and she noted "without a legal tenancy, Mr. Beahon is not entitled to the protections typically afforded to tenants." She noted as well that it would be inappropriate to make an order requiring return of Mr. Beahon's property because it has been disposed of by the respondent's principal, which manages the building.

[4] There is before us no evidence from which it could be concluded that Mr. Beahon was a legal tenant within the meaning of the Residential Tenancies Act. The appeal is therefore dismissed.

[5] Costs will be fixed in the amount of $300.

P. Lauwers J.A. C.W. Hourigan J.A. G. Pardu J.A.