The landlord appealed a Landlord and Tenant Board decision ordering a rent abatement to the tenant.
The tenant's unit was rendered uninhabitable by a fire caused by a neighbour, but the tenant continued paying rent until the tenancy was terminated by consent.
The Divisional Court dismissed the appeal, finding that the LTB's determination that the landlord breached its maintenance obligations under s. 20(1) of the Residential Tenancies Act was a question of mixed fact and law, over which the court had no jurisdiction.
In the alternative, the court held the LTB's decision to award an abatement was correct in law.
