The applicant son sought to set aside an arbitration award that ordered him to vacate his deceased mother's condominium, arguing he was a tenant of the estate and the Landlord and Tenant Board had exclusive jurisdiction.
The respondent estate trustee brought a cross-application for vacant possession.
The court found that the applicant's prior arrangement with his mother was not governed by the Residential Tenancies Act because they shared a kitchen, and no new tenancy agreement was formed with the estate.
The court also dismissed the applicant's claim that he was treated unfairly during the arbitration, noting he made a strategic choice to proceed on a paper record.
The estate's application for vacant possession was granted.
