The appellant, a 48-year tenant, appealed a Landlord and Tenant Board order terminating her tenancy for failing to comply with a conditional payment plan for rental arrears, as well as an order denying her request for a review.
The Divisional Court dismissed the appeal, finding that the Board did not err in law by refusing to consider post-hearing evidence explaining her non-compliance, nor did it breach procedural fairness by denying the review without an oral hearing.
The court held that the Board's decision not to grant relief from eviction was a question of mixed fact and law, which could not be appealed.
