The tenants appealed a Landlord and Tenant Board decision terminating their tenancy for substantial interference with reasonable enjoyment.
On appeal, the tenants argued the Board wrongfully admitted hearsay evidence, failed to consider mandatory relief from eviction under s. 83(3) of the Residential Tenancies Act, and conducted an unfair hearing.
The Divisional Court dismissed the appeal, finding that the tenants failed to raise these issues at the Board, failed to provide a complete transcript, and failed to establish any legal error or procedural unfairness.
The eviction was delayed until March 31, 2025.