The tenants appealed a Landlord and Tenant Board order terminating their tenancy based on an N11 agreement.
The tenants argued the written agreement was subject to an oral side agreement allowing them to stay until the house was sold.
The Board upheld the eviction without making factual findings about the side agreement or explaining its legal consequences.
The Divisional Court allowed the appeal, finding the Board's failure to provide reasons or consider the real substance of the transaction under section 202(1) of the Residential Tenancies Act rendered the decision unreasonable and incapable of meaningful review.
The matter was remitted to a different Board member.
