The tenant appealed a Landlord and Tenant Board decision ordering her eviction based on an N12 notice for landlord's own use.
The tenant argued the Board erred by allowing the application to proceed after the landlord who served the notice died, by amending the application to name the landlord's estate, and by proceeding despite the landlord's failure to disclose a previous N12 notice.
The Divisional Court dismissed the appeal, finding that the landlord's death did not invalidate the good faith intention present when the notice was served, the estate was properly named, and the Board had discretion to amend the application to include the previously undisclosed notice without prejudicing the tenant.