Joseph Hoffer

The appellant landlord appealed a decision of the Landlord and Tenant Board dismissing its application for a rent increase above the guideline.

The Board dismissed the application after the landlord failed to meet procedural deadlines, finding that the landlord had received the notice of hearing and was the author of its own misfortune.

The Divisional Court dismissed the appeal, holding that the Board's determination regarding the receipt of notice was a finding of fact not subject to appeal, and that there was no breach of procedural fairness in the Board's refusal to extend time or reschedule the hearing.

The tenant brought a motion appealing the decision of Keenan J., which upheld a Tribunal order evicting her for disruptive conduct.

The tenant argued the Tribunal erred in finding her conduct continued after receiving an N5 notice, misapplied section 84(1) of the Tenant Protection Act, and failed to properly assess the landlord's duty to accommodate her disability under the Human Rights Code.

The Divisional Court dismissed the motion, finding overwhelming evidence that the landlord accommodated the tenant's disability to the point of undue hardship and that the Tribunal made no errors of law.