Brian A. Blumenthal

The appellant tenant appealed a decision of the Landlord and Tenant Board declining to void an eviction order for non-payment of rent.

The Board had found that the tenant failed to pay all arrears, costs, and enforcement fees under the Administration of Justice Act.

The Divisional Court held that the Board erred in law by including enforcement fees in its determination of whether the tenant met the requirements of s. 74(11) of the Residential Tenancies Act.

The appeal was allowed and the matter remitted to the Board for a new hearing.

The respondent Landlord and Tenant Board requested the court dismiss the appellant's appeal under Rule 2.1 of the Rules of Civil Procedure as frivolous and an abuse of process.

The appellant had named the Board as the respondent instead of the tenants, sought damages unavailable on appeal, and raised issues regarding a separate property.

The court found the proceeding was clearly abusive on its face and dismissed the appeal.