The appellant appealed a Landlord and Tenant Board decision ordering him to vacate a property so the respondent landlord could occupy it for personal use.
The appellant argued the Board lacked jurisdiction because the parties had an agreement of purchase and sale, not a tenancy.
The Divisional Court dismissed the appeal, finding the Board had jurisdiction to determine if the Residential Tenancies Act applied and that its factual findings of a tenancy and good faith requirement for possession were reasonable.
The court also found no breach of procedural fairness regarding late-filed evidence.
