The appellant tenant appealed a Landlord and Tenant Board (LTB) decision ordering eviction for rent arrears.
The tenant argued he was unable to pay rent due to injuries sustained when his apartment ceiling collapsed, which is the subject of a separate Superior Court of Justice (SCJ) personal injury claim.
Due to procedural errors by the tenant's counsel, the LTB did not adjudicate the merits of the rent abatement or stay request.
The Divisional Court upheld the LTB's findings on rent arrears but quashed the denial of abatement and stayed the eviction order, directing that the abatement and stay issues be determined by the SCJ alongside the personal injury claim to prevent injustice.
