The self-represented appellants appealed a decision of the Landlord and Tenant Board dismissing their application.
The appellants argued that the landlord's refusal to renew their residential lease for a one-year term constituted harassment under s. 23 of the Residential Tenancies Act.
The Divisional Court dismissed the appeal, finding that under s. 38(1) of the Act, the non-renewal of a fixed-term lease automatically results in a month-to-month tenancy with full security of tenure.
The court also held that the Board did not breach procedural fairness by refusing to hear evidence regarding the landlord's motivation, as the appellants' legal position was untenable.
