The landlord brought a motion to quash the tenant's appeal from a Landlord and Tenant Board eviction order based on rent arrears and personal use.
The tenant did not appear at the motion.
The Divisional Court found that the tenant's appeal raised only questions of fact regarding procedural fairness at the Board, not questions of law, and noted that the tenant had failed to perfect the appeal.
The appeal was quashed and costs were awarded to the landlord.
