RESIDENTIAL TENANCIES - Application of legislation - Landlord’s remedies

Law360 Canada (November 30, 2023, 6:33 AM EST) -- Appeal by Shnier (Appellant) from two orders of the Landlord and Tenant Board (LTB). Shnier rented a home from the Respondent in North York on an annual lease basis since 2013. The final lease signed by the parties ran from November 2020 to November 2021. In August 2021, the Respondent served an N12 notice of eviction on the Appellant based on her wish to re-occupy the premises as of the end date of the lease agreement in November 2021. The Appellant sent notice of his wish to renew the lease for a further year and to extend the lease to November 2022. The Respondent sought a hearing before the LTB to obtain an order for eviction. The LTB held a hearing at which the parties testified. In its reasons, the LTB found the Respondent had a good faith basis for re-occupying the premises. It rejected the Appellant’s arguments that the renewal provision in the lease allowed him to unilaterally choose to extend the lease for a further year without the consent of the Respondent. The LTB terminated the tenancy effective July 31, 2022, based on the Appellant’s health and other family issues related to finding replacement housing. The LTB evicted the Appellant from residential premises he rented from the Respondent. The Appellant requested a review of the eviction order. The LTB upheld the Eviction Order on review. The Appellant alleged the LTB failed to properly interpret the renewal provision in the lease and that the LTB in review denied the Appellant procedural fairness by issuing inadequate reasons for dismissing his request for a review....
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