The tenant appealed an eviction order and a subsequent order denying his request for review.
The tenant had arrived 20 minutes late to the eviction hearing due to traffic, and the Board proceeded in his absence.
The Board later denied his request for review, making an adverse credibility finding without conflicting evidence.
The Divisional Court allowed the appeal, finding that the Board erred in law by failing to conduct the mandatory review under s. 83(2) of the Residential Tenancies Act, 2006, and denied the tenant natural justice.
The orders were set aside and the matter remitted for a rehearing.
