The appellant tenant appealed a Landlord and Tenant Board (LTB) decision approving an Above-Guideline Rent Increase, arguing procedural fairness was denied when the LTB expedited the hearing ex parte and denied an in-person hearing.
The Divisional Court dismissed the appeal, finding the LTB properly exercised its discretion under its rules to shorten time due to harassment of the landlord's staff.
The Court also held the LTB did not err in ordering a written hearing, as the tenants failed to raise any Human Rights Code accommodation requests at the initial hearing.
