Julio Diaz

The tenant appealed a Landlord and Tenant Board decision upholding their eviction for non-payment of rent.

The tenant argued the Board breached procedural fairness by refusing to admit late medical evidence regarding their disability at a second review hearing.

The Divisional Court dismissed the appeal, finding the Board provided a high degree of procedural fairness by granting multiple adjournments and a second review hearing, and the Member properly exercised discretion in excluding the late evidence.

The Court also noted that even if the appeal succeeded, the tenant could not be restored to the unit as it had been lawfully re-rented to an arm's-length party.

The self-represented appellant landlord advised the respondent tenant that she did not intend to pursue the appeal.

During a case management teleconference, the appellant confirmed this position.

The appeal was dismissed on consent.

The respondent's request for costs was denied because the appeal was never perfected and no responding materials were filed.