LTB Order on Eviction for Repairs - DRAKE PROPERTY MANAGEMENT v Pascua

Application for eviction dismissed.
Tenant retains possession; landlord's claim for further compensation denied.

Landlord requires the unit for extensive plumbing repairs and renovations.
Tenant contested the need for eviction citing possible continuation of tenancy during repairs.

Landlord failed to prove necessity of eviction for repairs on balance of probabilities.
Tenant was in possession of the unit when application was filed.
Landlord compensated tenant as required by termination notice.

Landlord applied for eviction to undertake major repairs.
Application dismissed; insufficient proof of necessity for vacant possession.
Tenant awarded compensation equivalent to 3 months rent.