The tenant appealed a Landlord and Tenant Board order terminating his tenancy on the basis that he did not receive notice of the hearing.
The matter had previously been adjourned sine die on consent pending criminal charges.
The Divisional Court found that the tenant did not receive notice of the reconvened hearing, noting his prompt action upon learning of the decision and his prior attendance.
The appeal was allowed, the termination order was set aside, and the matter was remitted for a rehearing.
