The landlord brought a motion to quash the tenant's appeal of a Landlord and Tenant Board order terminating the tenancy for the landlord's own use.
The tenant argued the Board failed to properly consider evidence of reprisal and prior notices.
The Divisional Court granted the motion to quash, finding that the tenant's grounds of appeal merely challenged the Board's factual findings and assessment of evidence, which do not constitute extricable questions of law under section 210 of the Residential Tenancies Act.