The tenant appealed a Divisional Court order upholding a Landlord and Tenant Board eviction order for the landlord's own use.
The tenant argued the eviction application was invalid because the landlord failed to disclose a previous N12 notice, contrary to s. 71.1 of the Residential Tenancies Act.
The tenant also argued he was denied procedural fairness because his cognitive impairments prevented him from reasonably participating in the hearing.
The Court of Appeal allowed the appeal, finding that the mandatory disclosure requirements under s. 71.1 render an application invalid if breached.
Furthermore, the Board erred in its s. 209(2) review by narrowly focusing on whether the tenant received the hearing notice, while failing to consider his capacity to participate and whether eviction should be refused under s. 83.
The eviction application was quashed.
