The appellant landlord appealed a Landlord and Tenant Board review decision that declined to set aside an initial order finding she issued a bad faith N12 eviction notice.
The appellant argued she was denied procedural fairness because she did not receive notice of the initial hearing, as it was sent to an incorrect mailing address and to her email's spam folder.
The Divisional Court admitted fresh evidence showing the LTB relied on an outdated lease, but ultimately dismissed the appeal.
The court held that the LTB's finding that the appellant failed to exercise due diligence by not monitoring her email, which she had authorized for service, was a question of mixed fact and law outside the court's appellate jurisdiction.
