The tenants appealed a decision of the Landlord and Tenant Board, arguing they were denied procedural fairness when the Board member refused to allow them to present evidence or cross-examine witnesses regarding the landlord's issuance of a trespass notice to their personal support worker.
The Divisional Court found that the member committed a fundamental error by failing to provide a reasonable opportunity for the tenants to be heard.
The matter was remitted to a different member of the Board for a new hearing on the issues of threats, the impact of the trespass notice, and appropriate remedies.
