The appellant tenants appealed a Landlord and Tenant Board decision refusing to review an eviction order for rental arrears.
The tenants argued they were denied procedural fairness because the Board relied on correspondence introduced by the landlord's paralegal without cross-examination, and that the Board placed an unfair burden on them to prove they did not receive the hearing notices.
The Divisional Court dismissed the appeal, finding the Board was entitled to admit the reliable documentary evidence under its procedural rules and properly weighed the evidence on a balance of probabilities.
The Court also found no error in the Board's decision to hear the review request before addressing the landlord's breach of an interim order.
