The appellant tenant appealed a decision of the Landlord and Tenant Board dismissing his request for a review of an eviction order.
The tenant had failed to attend the initial hearing and requested a review, citing a substance abuse problem as the potential reason for his absence.
The Board dismissed the review without holding a hearing.
The Divisional Court allowed the appeal, finding that the Board breached the principles of natural justice by failing to conduct a further inquiry or hearing into the tenant's reasons for non-attendance, particularly given the quasi-constitutional status of the Human Rights Code.
The matter was remitted to the Board for a new review hearing.
