The tenants appealed a Landlord and Tenant Board decision evicting them for non-payment of rent, arguing they were denied procedural fairness when the Board refused their adjournment request.
The tenants claimed the refusal prevented them from presenting repair invoices for set-off and from properly proposing a payment plan.
The Divisional Court dismissed the appeal, finding the Board's refusal of the adjournment was a proper exercise of discretion.
The Court also held that the Board did not err in rejecting the proposed payment plan or in applying its disclosure rules to exclude the repair invoices.
Finally, the Court confirmed that the Board's monetary jurisdiction limit does not apply to the amount of arrears a tenant must pay to void an eviction order.
