The appellants appealed a Landlord and Tenant Board review decision that evicted the appellant wife from her rental unit.
The husband, the sole named tenant, vacated the unit following a domestic violence incident and later submitted a notice of termination.
The Board initially set aside an ex parte eviction order, finding the wife was a tenant, but a subsequent review decision overturned this and ordered eviction.
The Divisional Court allowed the appeal, finding the Board erred in conducting a review without a serious error in the initial decision.
Furthermore, the court held that under s. 3(2) of O. Reg. 516/06, the wife automatically became a tenant when her husband vacated the unit, and his subsequent notice could not terminate her tenancy.
