The appellant appealed a Landlord and Tenant Board review order that confirmed an ex parte eviction order against her.
The appellant had negotiated a verbal lease with the property manager after the original tenant vacated.
The Board found she was merely an occupant because the property manager lacked authority under general agency law to bind the landlord.
The Divisional Court allowed the appeal, finding the Board erred in law by failing to consider whether the property manager met the expansive definition of 'landlord' under section 2(1) of the Residential Tenancies Act.
The matter was remitted to the Board for a hearing de novo.
