The tenant appealed an interim eviction order of the Landlord and Tenant Board, which had severed her rent abatement claims under s. 82 of the Residential Tenancies Act from the landlord's eviction application.
The landlord brought a motion to quash the appeal on the basis that it did not raise a question of law.
The Divisional Court dismissed the tenant's motions to amend her notice of appeal and strike an affidavit.
The court held that the Board did not err in law in its interpretation and application of sections 82 and 83 of the Act.
The landlord's motion to quash the appeal was granted and the stay of eviction was vacated.
