David Lyman

The appellant, a 48-year tenant, appealed a Landlord and Tenant Board order terminating her tenancy for failing to comply with a conditional payment plan for rental arrears, as well as an order denying her request for a review.

The Divisional Court dismissed the appeal, finding that the Board did not err in law by refusing to consider post-hearing evidence explaining her non-compliance, nor did it breach procedural fairness by denying the review without an oral hearing.

The court held that the Board's decision not to grant relief from eviction was a question of mixed fact and law, which could not be appealed.

The landlord brought a motion to quash the tenant's appeal of a Landlord and Tenant Board eviction order.

The tenant, who was evicted for substantially interfering with the reasonable enjoyment of the complex by other tenants, requested an adjournment of the motion due to medical issues, which the court denied.

The court found that the tenant had been afforded ample accommodation by the Board and that her appeal raised no genuine question of law.

Concluding that the appeal was manifestly without merit, the court granted the landlord's motion and quashed the appeal.

The respondent landlords brought a motion to quash the tenant's appeal of a Landlord and Tenant Board eviction order, or alternatively to lift the automatic stay of the eviction.

The tenant was $8,800 in rent arrears and claimed an equitable interest in the property, having registered a Certificate of Pending Litigation in a separate action.

The court found the motion to quash premature but ordered the stay lifted unless the tenant paid all rent arrears and ongoing monthly rent pending the appeal.