Kristen A. Ley

The appellant, Serena Wall, appealed a Landlord and Tenant Board (LTB) order terminating her tenancy for non-payment of rent and arrears, raising issues of repair, maintenance, and procedural fairness.

The Divisional Court admitted fresh evidence but found no error of law or procedural unfairness in the LTB’s decision, and dismissed the appeal.

The landlord appealed a Landlord and Tenant Board decision ordering a 15% rent reduction for tenants after the landlord unilaterally removed on-site storage lockers to build new rental units.

The Divisional Court dismissed the appeal, finding that the Board's determinations regarding the unreasonableness of the landlord's actions and the quantum of the rent reduction were questions of mixed fact and law, which are not subject to statutory appeal.

The Court also held that the Board did not breach procedural fairness by crafting a global remedy for all affected tenants without requiring each individual tenant to testify.