The appellant tenant appealed a Landlord and Tenant Board order terminating his tenancy and ordering his eviction due to his cigarette smoking substantially interfering with another tenant's reasonable enjoyment.
The appellant argued procedural fairness violations, including the Board's refusal to grant an adjournment, and that the Board erred in not granting relief from eviction under s. 83 of the Residential Tenancies Act.
The Divisional Court dismissed the appeal, finding no breach of procedural fairness, no reasonable apprehension of bias, and that the Board's exercise of discretion under s. 83 was a question of mixed fact and law not subject to appeal.
