Matrimonial Home (Possession)

CEL-75051-18-RV (Re), 2018 CanLII 88534 (ON LTB)

4. Although the Landlord’s L3 application is based on a written agreement to terminate, I am not satisfied that there is a genuine tenancy or that the Board has jurisdiction to resolve the dispute between the Tenant and the Occupant over the property (the Occupant claims it is the matrimonial home).

18. In accordance with section 202 of the Act, I am not satisfied that the Landlord and the Tenant are acting in good faith. The real substance of the agreement they signed to terminate the alleged tenancy is an attempt to remove the Occupant from the home to sell the property and/or benefit the Tenant’s position in the family law proceeding.

19. Furthermore, even if there was a genuine landlord/tenant relationship, then subsection 104(4) of the Act would be applicable. That subsection deems an assignment of the tenancy to an occupant if a landlord does not take certain steps within 60 days.

20. The Landlord has been aware since at least September 2017 that the Tenant is no longer living at or in possession of the property. He is not permitted to access the property due to the domestic dispute. The Landlord claims he has not paid any “rent” since that time. Therefore, he has not maintained a connection to the property by paying the “rent”. He has no current ability to access or control the property. Therefore, he is no longer in possession of the property.