The tenant appealed a Landlord and Tenant Board order evicting her from her subsidized housing unit for allegedly throwing a rabbit off her balcony.
The Board's finding was based entirely on double hearsay evidence—a police officer reading another officer's notes of a statement made by the tenant's ex-boyfriend.
The tenant and a witness testified the rabbit jumped, but the Board preferred the hearsay evidence.
The Divisional Court allowed the appeal, holding that relying on untested, highly prejudicial hearsay evidence without giving the tenant an opportunity to cross-examine the key witness constituted a denial of procedural fairness.
