The appellant tenant appealed a Tribunal order terminating his tenancy so the landlord's son could occupy the unit.
The tenant argued the Tribunal erred in interpreting the 'good faith' requirement under s. 51(1) of the Tenant Protection Act, asserting that the landlord's primary motive was economic since the tenant paid below-market rent.
The Divisional Court dismissed the appeal, holding that 'good faith' only requires a genuine intention to have a family member occupy the unit, regardless of whether the choice of unit was driven by economic reasons.
The court also found the Tribunal properly exercised its discretion under s. 84(1) by postponing the eviction rather than refusing it.
