Tyler Nivins

The tenant appealed a Landlord and Tenant Board order terminating his tenancy on the basis that the landlord required the unit for her own personal use.

The tenant argued the landlord acted in bad faith, the eviction date was unfair, and he was denied procedural fairness when refused an adjournment.

The Divisional Court dismissed the appeal, finding no errors of law.

The Board correctly applied the test for good faith, which requires a genuine intention to occupy rather than a reasonable proposal, and the tenant was afforded procedural fairness as he had adequate notice and opportunity to present his case.

The landlord brought a motion to enforce an eviction order issued by the Landlord and Tenant Board, which had been stayed pending an appeal that was subsequently quashed.

Due to the COVID-19 pandemic, a Chief Justice's order suspended all evictions unless leave of the court was obtained.

The tenants did not participate in the proceedings and had stopped paying rent.

The court, acting in its capacity as the Superior Court of Justice, found that the landlord established urgent and compelling circumstances, including risks to his health and ongoing property damage caused by the tenants.

The court granted leave to enforce the eviction and ordered the tenants to pay outstanding rent and costs.