Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$2,500
to Landlord
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Citation: Wolf v. Manulife Investment Management, 2023 ONSC 2379
File Number: 22-460
Hearing Date
Apr 2023
Order Date
Apr 17, 2023
The Divisional Court dismissed the tenants' appeal, affirming the LTB's decision. The court found that the landlord's decision not to renew the fixed-term lease was within their rights under the Residential Tenancies Act and did not constitute harassment. The resulting month-to-month tenancy provided the same protections to the tenants. The court also found that the LTB's refusal to hear evidence on the landlord's motivation was procedurally fair, as the tenants' argument had no legal foundation.
Tenants appealed an LTB decision that dismissed their application alleging harassment by the landlord. The tenants claimed that the landlord's decision not to renew their fixed-term lease, allowing it to become a month-to-month tenancy, constituted harassment under the Residential Tenancies Act.
Landlord argued that their actions were permitted under section 38(1) of the Residential Tenancies Act, which allows for automatic conversion to month-to-month tenancies upon expiration of fixed-term leases.
Landlord changed its practice of renewing residential leases for one-year terms, allowing them to become month-to-month tenancies.
Tenants argued that the landlord's non-renewal of their fixed-term lease constituted harassment under section 23 of the Residential Tenancies Act.
Tenants filed an application with the LTB alleging harassment by the landlord for not renewing their fixed-term lease.
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Other Amount
$2,500
Costs awarded to landlord
Ordered Amount
$2,500 (to Landlord)
Click to switch between order outcomes
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