The appellant, an occupant of a residential unit, appealed an order of the Landlord and Tenant Board terminating the tenancy.
The Board had accepted the consent of the named tenant to terminate the tenancy, finding that the appellant was not a party to the application.
The Divisional Court allowed the appeal, holding that the Board committed a reversible error of law by denying the appellant procedural fairness.
Under section 187(1) of the Residential Tenancies Act, the appellant was a person directly affected by the application and should have been accorded party status.
The matter was remitted to the Board for a new hearing.
