The appellant tenant appealed a Landlord and Tenant Board order terminating her tenancy for misrepresenting income, permitting illegal acts, and impairing the safety of others after police found loaded handguns belonging to her boyfriend in her unit.
The Divisional Court dismissed the appeal, finding the Board applied the correct civil standard of proof and had sufficient circumstantial evidence to conclude the tenant knew about the guns and the occupant's presence.
The Court also held that the 'best interests of the child' test does not apply to the Board's relief from eviction analysis under section 83 of the Residential Tenancies Act.
