The tenant appealed a Landlord and Tenant Board order evicting her so the landlord could move into the unit.
The tenant argued the Board failed to properly balance the circumstances under s. 83 of the Residential Tenancies Act, ignored evidence that the eviction was retaliatory, and that the hearing was procedurally unfair due to the member's interventions.
The Divisional Court dismissed the appeal, finding no errors of law.
The Board properly exercised its discretion, made an unreviewable factual finding that the eviction was not retaliatory, and appropriately managed a meandering hearing without demonstrating bias.
