The tenant appealed two Landlord and Tenant Board (LTB) eviction orders resulting from hearings he did not attend.
In 2019, the tenant missed the hearing due to a flat tire.
In 2022, the tenant, who suffers from depression, was unaware of the video hearing.
The LTB denied his requests for review in both instances.
The Divisional Court allowed the appeals, finding that the tenant was not reasonably able to participate in either proceeding.
Applying a broad interpretation of natural justice, the Court set aside the review orders and remitted the matters back to the LTB for new hearings.
